Federal Court of Australia
Federal Court of Australia
Structural Monitoring Systems PLC, in the matter of Structural Monitoring Systems PLC [2022] FCA 473 File number: VID 84 of 2022
Judgment of: ANASTASSIOU J
Date of judgment: 24 February 2022
Date of publication of reasons: 29 April 2022
Catchwords: CORPORATIONS – failure to give notice under ss 708A(5) and 708A(11) of the Corporations Act 2001 (Cth) – requirement to make disclosure concerning securities issued 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, 708, 708AA, 727(1), 1322(4) and 1322(6)
Cases cited: 33D Limited, in the matter of 33D Limited [2021] FCA 349 Re Aus Tin Mining Limited [2020] FCA 1888 Re Micro-X Limited [2019] FCA 1154
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 29
Date of hearing: 21 February 2022
Counsel for the Plaintiff: Mr B. Holmes
Solicitor for the Plaintiff: Gadens
ORDERS VID 84 of 2022 IN THE MATTER OF STRUCTURAL MONITORING SYSTEMS PLC
STRUCTURAL MONITORING SYSTEMS PLC (UK COMPANY NO 4834265; ARBN 106 307 322) Plaintiff
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