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Wereschuk v Heavey Lex No 112 Pty Ltd

 

[2006] QSC 115

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 144 of 2006

RICHARD DONALD WERESCHUK

Applicant

and

 

HEAVEY LEX NO. 112 PTY LTD (ACN 052 527 295)

Respondent

CAIRNS

DATE 07/04/2006

JUDGMENT

HIS HONOUR: This is an application pursuant section 601AH of the Corporations Act 2001 for an order that ASIC reinstate the registration of the company. That application is made in this instance by the applicant, Mr Wereschuk, who claims to be aggrieved by the deregistration.

The company was deregistered on the 7th of October 1997 because of its non-compliance with the provisions of the Corporations Law at that time. The present applicant is a director of the company and apparently through a misunderstanding as to his obligations under the Corporations Law failed to file returns in the years preceding the deregistration. He claims he was not aware until November 2005 that the deregistration had been effected.

The company had, during those preceding eight years, continued to carry on the business of a newsagency though not registered. This meant that it maintained bank accounts and various concessions, including one from the Gold Lotto Agency.

Mr Anthony Johnson, registered liquidator, opines that the most effective way of dealing with the complex financial issues which the applicant now faces is to seek the reinstatement of the company. I accept the merits of this opinion. The applicant also in his affidavit has given a number of undertakings, the most significant of which is that he would undertake to place the company in voluntary liquidation forthwith upon its reinstatement.

This would seem to me to provide the most efficient way of overcoming the problems which have now been identified, and so I will accede to the application, and I will make the following order.

That upon the applicant undertaking as follows:

i.that he will forthwith place the company into voluntary administration upon its reinstatement;

ii.lodge notification of registration, common notification of office holders, and all outstanding returns as required by ASIC;

iii.pay all outstanding fees and penalties due to ASIC; and

iv.meet all outstanding judgments against the company or any officer of the company relating to the failure to lodge documents with ASIC within 14 days of lodging a reinstatement order with ASIC;

I order that ASIC reinstate the registration of Heavey Lex No 112 Pty Ltd ACN 052 527 296 pursuant to section 601AH(2) of the Corporations Act 2001.

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Editorial Notes

  • Published Case Name:

    Richard Donald Wereschuk v Heavey Lex No 112 Pty Ltd

  • Shortened Case Name:

    Wereschuk v Heavey Lex No 112 Pty Ltd

  • MNC:

    [2006] QSC 115

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    07 Apr 2006

Litigation History

No Litigation History

Appeal Status

No Status