Morgan v McMillan Investment Holdings Pty Ltd

Companies – Winding up – Insolvency – Appeal against making of pooling order under s 579E(1) of Corporations Act 2001 (Cth) – Whether gateway requirement in s 579E(1)(b)(iv) for making of pooling order satisfied – Whether alleged chose in action owned jointly and severally by two companies is particular property used, or for use, in connection with joint business, scheme or undertaking – Whether alleged chose in action is used or available for use by two or more companies – Whether alleged chose in action concerning sale agreement for disposal of joint business has sufficient connection to undertaking or carrying out of joint business – Whether alleged chose in action arose upon entry into sale agreement – Where company reinstated after deregistration – Whether s 601AH(5) of Corporations Act deems company to have undertaken activities during period of deregistration.

Words and phrases – "carrying on of the joint business, scheme or undertaking", "chose in action", "deregistration", "gateway requirement", "group of 2 or more companies", "joint ownership or operation of property", "just and equitable", "material disadvantage to any eligible unsecured creditor", "money had and received", "necessary connection", "ownership or operation of any asset jointly or for joint benefit", "particular property", "pooling order", "reinstatement", "sufficient connection".

Corporations Act 2001 (Cth) – ss 579E(1), 579E(1)(b)(iii), 579E(1)(b)(iv), 579E(2), 601AD(1), 601AD(2), 601AH, 601AH(5).