Robert Jason Harding v Westfield Shopping Centre Management Co (ACT) Pty Ltd

Robert Jason Harding commenced proceedings against various defendants, including Gallagher Haulage Pty Ltd, alleging he was injured while delivering goods at a shopping centre owned and operated by the first defendant. The fourth defendant, Gallagher Haulage Pty Ltd, was Mr Harding's employer at the time of the incident. The company was deregistered on 7 February 2013, which extinguished its debts and obligations. However, a person aggrieved by the deregistration, such as a party who has commenced proceedings against the company, may apply for the company to be reinstated under section 601AH of the Corporations Act 2001 (Cth). Mr Harding applied for the reinstatement of Gallagher Haulage Pty Ltd's registration.

The court had to decide whether it was just to reinstate the registration of Gallagher Haulage Pty Ltd, considering the interest of the plaintiff and the insurer, if any, standing behind the company. The court considered the jurisprudence on the matter and found that a party who has commenced proceedings against a company which becomes deregistered during the pendency of the proceedings is a person aggrieved. The court also noted that even if there were an insurer standing behind Gallagher Haulage Pty Ltd, it would not be prejudiced in relation to existing proceedings, as it would have already had notice of the incident and the proceedings. The court was satisfied that it was just to reinstate the registration of Gallagher Haulage Pty Ltd, and thus ordered the reinstatement of the company's registration.

The court ordered the registration of Gallagher Haulage Pty Ltd be reinstated under s 601AH of the Corporations Act 2001 (Cth). The costs of this application were to be costs in the cause.