Federal Court of Australia
Federal Court of Australia
333D Limited, in the matter of 333D Limited [2021] FCA 349 File number(s): VID 154 of 2021
Judgment of: BEACH J
Date of judgment: 13 April 2021
Catchwords: CORPORATIONS – share issues in ASX listed company – failure to give notice under s 708A(5)(e) of the Corporations Act 2001 (Cth) – requirement to make disclosure concerning share issues under s 706 in absence of cleansing notice – effect on on-sales – extension of period under s 708A(6)(a) – application for relief by way of extensions and declarations under ss 1322(4)(a) and (d) – on-sellers' failure to comply with ss 707(3) or 727(1) – relief from civil liability – other orders sought under s 1322(4)(c) – orders made
Legislation: Corporations Act 2001 (Cth) ss 706, 707(1) and (3), 708(8) and (12), 708A(1), (5) and (6), 727(1), 1322(4)(a), (c) and (d) and 1322(6)
Cases: In the matter of DAC Finance (NSW/QLD) Pty Ltd [2020] NSWSC 182 In the matter of Micro-X Limited [2019] FCA 1154 Re Wave Capital Ltd (2003) 47 ACSR 418 Weinstock v Beck (2013) 251 CLR 396
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 47
Date of hearing: 13 April 2021
Counsel for the Plaintiff: Mr B Holmes
Solicitor for the Plaintiff: Gadens
ORDERS VID 154 of 2021 IN THE MATTER OF 333D LIMITED 333D LIMITED (ACN 118 159 881) Plaintiff
order made by: BEACH J DATE OF ORDER: 13 APRIL 2021
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