WorkCover Authority (NSW) v Picton Truck and Trailer Repairs Pty Ltd

The WorkCover Authority of New South Wales (the appellant) sought the reinstatement of Picton Truck and Trailer Repairs Pty Ltd (the company), which had been de-registered. The Authority wished to reinstate the company to serve a notice for reimbursement under section 145 of the *Workers Compensation Act 1987* (NSW) on a director, Keith Richard Aiken, to recover amounts paid by WorkCover. The application was heard by the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the WorkCover Authority was a "person aggrieved" by the de-registration of the company, whether the reinstatement of the company was in the public interest, and whether the court should exercise its discretion to refuse the application on grounds of delay by the Authority.

The Court of Appeal allowed the appeal, finding that the Authority was a person aggrieved by the de-registration, as it had a legitimate interest in pursuing recovery from the director. The court also determined that reinstatement was in the public interest, particularly given the Authority's undertaking to manage the process efficiently and to indemnify the reinstated liquidator. The court applied principles relating to the interpretation of section 601AH(2) of the *Corporations Act 2001* (Cth) concerning the reinstatement of deregistered companies and the exercise of judicial discretion.

Consequently, the Court of Appeal set aside the orders made by Gzell J on 18 September 2003, ordered the reinstatement of the company's registration, and ordered that Keith Richard Aiken pay the appellant's costs of the appeal and the proceedings below, subject to the appellant providing specific undertakings regarding notification and indemnification of the reinstated liquidator.