Federal Court of Australia
Federal Court of Australia
Avecho Biotechnology Limited, in the matter of Avecho Biotechnology Limited [2022] FCA 821 File number(s): QUD 240 of 2022
Judgment of: DOWNES J
Date of judgment: 14 July 2022
Catchwords: CORPORATIONS – application pursuant to s 1322(4) of the Corporations Act 2001 (Cth) – attaching options issued without disclosure – where failure to disclose in respect of options the result of an honest mistake by company secretary – no lack of honesty – frank disclosure by company of error – no substantial injustice has been or is likely to be caused – application granted
Legislation: Corporations Act 2001 (Cth) ss 706, 707(3), 708, 708A(5), 708AA, 713, 727(1), 1322
Cases cited: ICandy Interactive Limited, in the matter of ICandy Interactive Limited (2018) 125 ACSR 369; [2018] FCA 533 Lake Resources N.L., in the matter of Lake Resources N.L. [2022] FCA 197 Micro-X Limited, in the matter of Micro-X Limited [2019] FCA 1154 Superior Resources Limited, in the matter of Superior Resources Limited (2020) 144 ACSR 677; [2020] FCA 635
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 63
Date of hearing: 14 July 2022
Counsel for the Applicant: Mr D Pyle
Solicitor for the Applicant: Hamilton Locke
ORDERS QUD 240 of 2022 IN THE MATTER OF AVECHO BIOTECHNOLOGY LIMITED ACN 056 482 403 BETWEEN: AVECHO BIOTECHNOLOGY LIMITED ACN 056 482 403 Applicant
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