Federal Court of Australia
Federal Court of Australia
Clarity Pharmaceuticals Ltd, in the matter of Clarity Pharmaceuticals Ltd [2021] FCA 804 File number: NSD 539 of 2021
Judgment of: MARKOVIC J
Date of judgment: 15 June 2021
Date of publication of reasons: 16 July 2021
Catchwords: CORPORATIONS – application for relief under s 1322 of the Corporations Act 2001 (Cth) regarding the plaintiff's failure to re-appoint its auditor or to approve the appointment of an auditor at its 2017, 2018, 2019 and 2020 annual general meetings following its conversion from a proprietary to a public company – whether relief from non-compliance should be granted – where failure to appoint auditors was due to honest inadvertence – where plaintiff acted promptly to remedy error once identified – where no substantial injustice caused by non-compliance or likely to be caused by granting of relief – application allowed
Legislation: Corporations Act 2001 (Cth) ss 301, 314, 327A, 327B, 327C, 344, 1322
Cases cited: Ex parte Bellevue Gold Ltd [2021] WASC 80 Ex parte New Century Resource Ltd [2021] WASC 86 In the matter of Bremick Pty Ltd [2021] NSWSC 533 In the matter of Pacific Springs Pty Limited [2020] NSWSC 1240; (2020) 148 ACSR 454 Re ICandy Interactive Ltd [2018] FCA 533; (2018) 125 ACSR 369 Re Matador Mining Ltd; Ex parte Matador Mining Ltd [2021] WASC 132 Weinstock v Beck (2013) 251 CLR 396
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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