The Court granted declaratory relief under s 1322(4)(a) and (d) of the Corporations Act validating the resignation of the former auditor, the appointment of the replacement auditor, and five cleansing notices that were defective due to the company's inadvertent failure to lodge a Form 315 notifying ASIC of the auditor's resignation, to procure a shareholder nomination of the new auditor, and to include a resolution approving the new auditor at the AGM. The Court also relieved the company and its current and former officers from civil liability under s 1322(4)(c), finding the contraventions were honest and inadvertent and that no substantial injustice would result from the orders. The case is a straightforward application of established principles governing validation of procedural non-compliance under s 1322, turning on its own facts.
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