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  • Unreported Judgment

Partlett v Australian Securities & Investments Commission

 

[2006] QSC 318

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 391 of 2006

JOHN RUSSELL PARTLETT

Applicant

and

 

AUSTRALIAN SECURITIES & INVESTMENT COMMISSION

Respondent

CAIRNS

DATE 13/09/2006

JUDGMENT

HIS HONOUR: This is an application by John Russell Partlett for the re-registration of the company Queensland Blue Holdings Pty Ltd of which he was formerly a director. That company was deregistered on the 23rd of July 2006 pursuant to section 601AB(1)(a), namely that the company had failed to respond to the return of the annual review documents.

Mr Partlett has attested to the fact that the company had changed address on two occasions in recent years and he surmises that the review notice was sent to one of the earlier addresses of the company. In any event, it was not received at the current address of the company.

In those circumstances it seems to me that the re-registration could have happened administratively pursuant to subsection 1 of section 601AH, but that approach has been declined by ASIC.

ASIC's current position is that it does not oppose the re-registration of the company. That appears from the terms of its letter dated the 12th of September 2006, Exhibit 1 before me. The company was at all material times, and continues to be, solvent. Mr Partlett has undertaken that he will comply with the requirements of the legislation appropriate to the re-registration of the company.

In those circumstances I am satisfied that it is just that the company's registration be reinstated. I make orders in terms of the draft initialled by me and placed with the papers.

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Editorial Notes

  • Published Case Name:

    John Russell Partlett v Australian Securities & Investment Commission

  • Shortened Case Name:

    Partlett v Australian Securities & Investments Commission

  • MNC:

    [2006] QSC 318

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    13 Sep 2006

Litigation History

No Litigation History

Appeal Status

No Status