Corporations Case Law Update: 16 April 2012

The Federal Court has handed down its decision in the case of Hillam v Ample Source International Ltd [2012] FCA 374. The main issue involved a winding up order on the ground of oppression previously stayed on conditions pending the appeal. Other issues discussed involved an interlocutory application for the reconstitution of the board of the company. Ultimately, the court decided that the first two interlocutory applications be dismissed with costs whiles the third be costs in the appeal.

The Federal Court also handed down its decision in the case of Healy, in the matter of Falaren Pty Ltd (deregistered), v Australian Securities and Investments Commission [2012] FCA 368. The key issues were whether a deregistered company should be reinstated; whether the deregistration of a company should be deferred; and whether a proposed liquidator is qualified to be appointed as a replacement liquidator. The court ultimately dismissed the matter.

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