In the matter of Bremick Pty Ltd [2021] NSWSC 533

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bremick Pty Ltd [2021] NSWSC 533 Hearing dates: 5 May 2021 Date of orders: 5 May 2021 Decision date: 18 May 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made pursuant to s 1322 of the Corporations Act 2001 (Cth) extending the time to lodge with ASIC a notice seeking application of the relevant provision of the former Corporations Law and relieving current and former directors and officers from civil liability in respect of any failure to lodge Form 373 and financial accounts. Catchwords: CORPORATIONS — Financial reporting — Relief from reporting obligations — Application for relief under s 1322 of the Corporations Act — Extension of time sought to lodge notice with Australian Securities and Investments Commission seeking application of certain provisions of the former Corporations Law — "Grandfathered proprietary company" exemption — Whether substantial injustice. CORPORATIONS — Directors and officers — Application for relief under s 1322 of the Corporations Act — Relief from civil liability in respect of failure to lodge (a) relevant notice with Australian Securities and Investments Commission; and (b) financial accounts Legislation Cited: - Corporations Act 2001 (Cth), s 1322 Cases Cited: - Car Buyers Australia Pty Ltd v Australian Securities and Investments Commission [2020] FCA 599 - Ozito Industries Pty Ltd v Australian Securities and Investments Commission (2020) 148 ACSR 585; [2020] FCA 1432 - Re ComfortDelGro Corporation Australia Pty Ltd [2020] FCA 378 - Re Murray River Organics Ltd (2019) 138 ACSR 365; [2019] FCA 931 - Re Navitas Bundoora Pty Ltd [2020] WASC 87 - Re Wave Capital Ltd (2003) 47 ACSR 418; [2003] FCA 969 - Weinstock v Beck (2013) 251 CLR 396; (2013) 93 ACSR 231; [2013] HCA 14 Category: Principal judgment Parties: Bremick Pty Ltd (Plaintiff) Representation: Counsel: I. M. Jackman SC (Plaintiff)