A claim was lodged against a building company 4 years ago by a plaintiff to recover a personal loss in not being able to sell a property that was built for them which was subsequently taken by the bank to settle their debt. The case has been back & forth with solicitors on both sides and with mediation but has not proceeded to court due to limited action on behalf of the plaintiff. The company in question ceased trading 2 years ago and is de-registered with ASIC. All of the information that I have read on various websites indicates that a person can't sue a company that is no longer registered. Is this true or can action still proceed against this company in the court even if the company has no assets?
QLD Action against de registered company
- Thread starter britkait
- Start date
An application can be made to ASIC to re-register the company to then sue it, but that's usually rather pointless. Another option is to see if ASIC holds any property for then, as technically all assets of the company vest in ASIC upon deregistration. Or, possibly look to see if there is a personal guarantee involved and pursue them.
It may be the directors are also personally liable and you can go after them.
If directors transferred assets to other related companies you may be able to go after those assets. You'll need a lawyer to do this work for you.
If directors transferred assets to other related companies you may be able to go after those assets. You'll need a lawyer to do this work for you.
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