Federal Court of Australia
Federal Court of Australia
Canon Australia Pty Ltd, in the matter of Canon Australia Pty Ltd [2023] FCA 281 File number: NSD 1160 of 2022
Judgment of: STEWART J
Date of judgment: 29 March 2023
Catchwords: CORPORATIONS – "cleansing orders" – application under s 1322(4) of the Corporations Act 2001 (Cth) for relief of companies and their current and former directors and officers from civil liability in respect of failure of companies to lodge certain forms and comply with financial reporting obligations – where non-compliance inadvertent and honest – where no substantial injustice
Legislation: Corporations Act 2001 (Cth) Pt 2M.3, ss 292, 319, 341, 1322(4), 1322(6)
Cases cited: In the matter of DAC Finance (NSW/Qld) Pty Ltd [2020] NSWSC 182 Re Azure Minerals Ltd [2013] FCA 63 Re Dana Australia (Holdings) Pty Ltd [2006] FCA 355; 151 FCR 317 Re Insurance Australia Group Ltd [2003] FCA 581; 128 FCR 581 Re Murray Rive Organics Ltd [2019] FCA 931; 138 ACSR 365 Re Phosphate Resources Ltd [2005] FCA 1705 Re Wave Capital Ltd [2003] FCA 969; 47 ACSR 418 Weinstock v Beck [2013] HCA 14; 251 CLR 396
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 44
Date of hearing: 29 March 2023
Counsel for the Plaintiffs: D L Williams and N D Riordan
Solicitor for the Plaintiffs: Thomson Geer
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