ComfortDelGro Corporation Australia Pty Ltd, in the matter of ComfortDelGro Corporation Australia Pty Ltd [2020] FCA 378

ComfortDelGro Corporation Australia Pty Ltd, in the matter of ComfortDelGro Corporation Australia Pty Ltd [2020] FCA 378

The Court granted relief to ComfortDelGro Corporation Australia Pty Ltd and its subsidiaries under s 1322(4)(c) and (d) of the Corporations Act 2001 (Cth) because the failure to lodge opt-in notices was inadvertent, all persons concerned acted honestly, no substantial injustice was or is likely to be caused to any person, and public policy would not be undermined by granting the orders.

Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Corporations Law Application / Judgment Granting Relief and Making Orders
Outcome
Orders granted as sought; relief from civil liability and extension of time to lodge opt-in notices.
Legal Topics
['financial Reporting' 'asic Class Orders' 'deeds of Cross Guarantee' 'relief for Non Compliance' 'civil Liability Exemption']
['corporations Law'] ['financial Reporting' 'asic Class Orders' 'deeds of Cross Guarantee' 'relief for Non Compliance' 'civil Liability Exemption']

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Procedural Posture

Corporations Law Application / Judgment Granting Relief and Making Orders

Legal Issues

  1. 1 ['Whether relief should be granted under s 1322(4) and (d) of the Corporations Act 2001 (Cth) for non-compliance with financial reporting and lodging requirements' 'Whether persons concerned acted honestly regarding the failure to lodge opt-in notices under ASIC Class Orders' 'Whether no substantial injustice has been or is likely to be caused by the contravention or by granting relief']

Ratio Decidendi

The Court granted relief to ComfortDelGro Corporation Australia Pty Ltd and its subsidiaries under s 1322(4)(c) and (d) of the Corporations Act 2001 (Cth) because the failure to lodge opt-in notices was inadvertent, all persons concerned acted honestly, no substantial injustice was or is likely to be caused to any person, and public policy would not be undermined by granting the orders.

Court Disposition

Orders granted as sought; relief from civil liability and extension of time to lodge opt-in notices.

Orders

  • ['Time for plaintiff and non-deregistered entities listed in Annexure A to lodge opt-in notice extended to 24 March 2020 under s 1322(4)(d) of Corporations Act 2001 (Cth)' 'Plaintiff, entities in Annexure A, and their current and former directors/officers relieved from civil liability for failure to lodge opt-in...