Stone v ACN 000 337 940 Pty Ltd

In the Federal Circuit Court of Australia, Stone, the plaintiff, brought an application against ACN 000 337 940 Pty Ltd, the defendant, seeking an order that the Australian Securities and Investments Commission (ASIC) reinstate the company's registration. The plaintiff sought to pursue proceedings against the company in the Dust Diseases Tribunal. The primary issue before the court was whether the plaintiff could proceed directly against the insured without the reinstatement of the company's registration. The court held that the plaintiff had not demonstrated that they could proceed directly against the insured.

The court examined the relevant factors to determine whether reinstatement of the company's registration was "just" in the circumstances. It found that the company was in liquidation immediately before its deregistration. Consequently, the court considered it appropriate to reinstall the liquidator. The court concluded that the former liquidator should be appointed to the role, unless they were unable or unwilling to act. The court's decision hinged on the need to ensure that the liquidator's role was effectively reinstated to facilitate the proper conduct of any proceedings against the insured.