Where transaction documents identify a company by its correct name but with the ACN of a different (deregistered) company, the correct company is the contracting party and the wrong ACN is an obvious misnomer to be disregarded as a matter of construction. The subsequent correction of the ACN is merely a formality. A claim to set aside judgments for fraud based on such a misnomer has no real prospect of success where there is no evidentiary basis for inferring dishonesty.
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