Stergiou v Citibank Savings Ltd

[2005] ACTCA 15

ACT Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Deregistration
3. › Reinstatement under s 601AH
4. › Whether reinstatement appropriate merely to retrospectively validate null proceedings
5. › Whether proceedings maintained by deregistered company are a nullity
6. › Corporations Act 2001 (Cth), s 601AH
1. Practice and Procedure
2. › Parties
3. › Substitution of parties
4. › Whether assignee of deregistered company's rights can be substituted as plaintiff after judgment
5. › Whether judgment can be amended on appeal to substitute a party that was never before the trial court
1. Practice and Procedure
2. › Judgments and orders
3. › Proceedings maintained by deregistered company
4. › Whether proceedings and judgment are a nullity
5. › Whether orders can be made in proceedings that are a nullity

Quick Take

Reinstatement of a deregistered company under s 601AH of the Corporations Act 2001 (Cth) is not available merely as a technical device to retrospectively validate proceedings that were a nullity since their inception, particularly where the company has divested itself of the relevant rights. All proceedings maintained by or against a deregistered company are a nullity, and orders cannot be made in such proceedings. A deregistered company has no standing to apply for its own reinstatement.