Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Impression Healthcare Limited, in the matter of Impression Healthcare Limited [2019] FCA 772 File number: VID 509 of 2019
Judge: DAVIES J
Date of judgment: 20 May 2019
Catchwords: CORPORATIONS – application for declaratory relief to validate share trades and relieve sellers of shares from civil liability – where company did not issue cleansing notice – contraventions of ss 707(3), 708A(5) and 727(1) of the Corporations Act 2001 (Cth) – whether persons concerned acted honestly within the meaning of s 1322(6)(a)(ii) – whether ignorance of legal requirements precludes a finding of honesty – whether just and equitable that declaratory relief be granted – where company acted promptly upon becoming aware of contravention
Legislation: Corporations Act 2001 (Cth)
Cases cited: Re 5G Networks Limited [2019] FCA 698 Re Golden Gate Petroleum Ltd (2010) 77 ACSR 17; [2010] FCA 40 Re ICandy Interactive Limited [2018] FCA 533 Re Silver Lake Resources (2012) 87 ACSR 436; [2012] FCA 32
Date of hearing: 20 May 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: Mr M Costello
Solicitor for the Applicant: MinterEllison
ORDERS VID 509 of 2019 IN THE MATTER OF IMPRESSION HEALTHCARE LIMITED
IMPRESSION HEALTHCARE LIMITED ACN 096 635 246 Applicant
JUDGE: DAVIES J DATE OF ORDER: 20 MAY 2019
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