› Reinstatement of deregistered company under s 601AH(2)
Corporations
› Reinstatement
› Whether plaintiff is a 'person aggrieved' by deregistration
Corporations
› Reinstatement
› Whether it is 'just' that the company's registration be reinstated
Corporations
› Reinstatement
› Personal injury claimant seeking access to possible public liability insurance
Quick Take
1A 'person aggrieved' under s 601AH(2)(a)(i) of the Corporations Act 2001 (Cth) is not construed narrowly. It requires that the deregistration has deprived the applicant of something, or injured or damaged them in a legal sense. There is no temporal limitation, only a need for a causal link between the grievance and the deregistration.
2Whether reinstatement is 'just' under s 601AH(2)(b) involves a broad discretion. Relevant factors include the circumstances of deregistration, the company's future activities, prejudice to any person, and the public interest. A relevant question is whether deregistration has practically precluded the applicant from instituting proceedings.
3On the facts, a personal injury claimant against a deregistered nightclub operator was a person aggrieved. Reinstatement was just because it was at least arguable that public liability insurance responded to the claim, even though no insurer had been positively identified. That inference rested on the lease's $10 million public liability insurance covenant and representations in a deed of assignment.
