Clinical Cell Culture Ltd, in the matter of (ACN 058 466 523) [2004] FCA 1798

FEDERAL COURT OF AUSTRALIA

Clinical Cell Culture Ltd, in the matter of (ACN 058 466 523) [2004] FCA 1798 CORPORATIONS – application for remedial relief under s 254E and s 1322 of the Corporations Act 2001 (Cth) – where company inadvertently failed to alter its financial year end date. Corporations Act 2001 (Cth), ss 250N(2), 254E, 319, 320, 323D, 340, 706, 741, 1322 Golden Gate Petroleum Ltd (2004) 22 ACLC 1,292 cited IN THE MATTER OF CLINICAL CELL CULTURE LTD (ACN 058 466 523)

W270 of 2004 LEE J 3 DECEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W270 OF 2004

IN THE MATTER OF CLINICAL CELL CULTURE LTD (ACN 058 466 523)

CLINICAL CELL CULTURE LTD (ACN 058 466 523)

APPLICANT

JUDGE: LEE J

DATE OF ORDER: 3 DECEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Pursuant to section 1322(4)(c) of the Corporations Act 2001 (Cth) ("the Act"), the Applicant and its directors and officers be relieved from any civil liability in respect of a contravention of section 319(3)(a) with respect to the lodgement of its Annual Report for the financial year ending 31 December 2003 by reason of the procedure it adopted to purportedly synchronize its financial year with the financial years for its controlled entities ("the Procedure"). 2. Pursuant to section 1322(4)(c) of the Act, the Applicant and its directors and officers be relieved from any civil liability in respect of a contravention of section 320(1) with respect to the lodgement of its report for a half year ending 30 June 2003 and 30 June 2004 by reason of the Procedure. 3. Pursuant to section 1322(4)(c) of the Act, the Applicant and its directors and officers be relieved from any civil liability in respect of contravention of section 323D(3) with respect to failure to achieve synchronization of financial years for the controlled entities of the Applicant with the financial year for the Applicant by reason of the Procedure.