Federal Court of Australia
Federal Court of Australia
Diona Pty Ltd, in the matter of Diona Pty Ltd [2022] FCA 1215 File number: NSD 434 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 19 October 2022
Catchwords: CORPORATIONS – application for relief from consequences of non-compliance with a class order issued by the Australian Securities and Investments Commission (ASIC) pursuant to s 341 of the Corporations Act 2001 (Cth) – where non-compliance admitted and explained – where plaintiffs and officers proactive in seeking to remedy non-compliance – where ASIC takes no position in relation to application – Held: application granted.
Legislation: Corporations Act 2001 (Cth) s 1322
Cases cited: Aprais Pty Ltd (in liq); Twin v Deputy Commissioner of Taxation [2003] QSC 329; [2004] 1 Qd R 450 Blaze Asset Pty Ltd v Target Energy Ltd [2009] FCA 698; 72 ACSR 431 Car Buyers Australia Pty Ltd v Australian Securities and Investments Commission [2020] FCA 599 Prime Life Corporation v Aevum Ltd [2005] NSWSC 269 Re DAC Finance (NSW/Qld) Pty Ltd [2020] NSWSC 182 Re Flight Centre Technology Pty Ltd [2022] NSWSC 367 Re Golden Gate Petroleum [2010] FCA 40; 77 ACSR 17 Re MB Vic Pty Ltd [2022] FCA 874 Re QBiotics Ltd [2016] FCA 873 Re Spirit Energy Ltd [2012] FCA 1354 Re Wave Capital [2003] FCA 969; 47 ACSR 418 Weinstock v Beck [2013] HCA 14; 251 CLR 396
Division: General Division
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