Federal Court of Australia
Federal Court of Australia
Red River Resources Limited, in the matter of Red River Resources Limited [2021] FCA 320 File number: NSD 232 of 2021
Judgment of: MARKOVIC J
Date of judgment: 23 March 2021
Date of publication of reasons: 1 April 2021
Catchwords: CORPORATIONS – application for relief under s 1322 of the Corporations Act 2001 (Cth) regarding the plaintiff's failure to approve the appointment of an auditor at its 2018, 2019 and 2020 annual general meetings – whether relief from non-compliance should be granted – where failure to appoint auditors was due to honest inadvertence – where no substantial injustice caused by non-compliance or likely to be caused by granting of relief – application granted
Legislation: Corporations Act 2001 (Cth) ss 327B, 327C, 328A, 328B, 329, 708A, 1322
Cases cited: Australian Securities and Investments Commission v Vocation Limited (in liq) (2019) 371 ALR 155; [2019] FCA 807 ICandy Interactive Limited, in the matter of ICandy Interactive Limited (2018) 125 ACSR 369; [2018] FCA 533 Re Golden Gate Petroleum Ltd (2010) 77 ACSR 17; [2010] FCA 40 Re RCR Tomlinson Ltd [2009] FCA 1130
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 49
Date of hearing: 23 March 2021
Counsel for the Plaintiff Mr D B Studdy SC with Mr J P Braithwaite
Solicitor for the Plaintiff: Piper Alderman
ORDERS NSD 232 of 2021 IN THE MATTER OF RED RIVER RESOURCES LIMITED BETWEEN: RED RIVER RESOURCES LIMITED ACN 100 796 754 Plaintiff
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