CORPORATIONS — application for reinstatement of the First Defendant be “set aside/revoked” under ss 601AH 1322, 1337B of the Corporations Act 2001 (Cth) — where proceedings involve issues previously litigated and now under appeal — whether proceedings should be summarily dismissed
COSTS — where First and Second Defendants seek orders for indemnity costs against the Plaintiff, and the Third Defendant and its director personally
CIVIL PROCEDURE — where First and Second Defendants seek orders restraining Plaintiff and Third Defendant from commencing proceedings without paying in full the costs of these proceedings
Quick Take
1Filing proceedings that seek to relitigate the same factual allegations already determined on the merits by another judge of the same court, particularly where those findings are concurrently under appeal, constitutes an abuse of process warranting summary dismissal.
2Section 601AH of the Corporations Act 2001 (Cth) confers power to reinstate a company's registration but does not confer power on the court to set aside or revoke an administrative reinstatement by ASIC; nor does s 1322 support an order to 'set aside' reinstatement as distinct from rectification of a register where the underlying act is invalid.
3Where a director appears for a company and takes a position that a solicitor acting reasonably would not have taken, an order for indemnity costs may be made against the director personally.
