The Court extended time under s 203AA(5)(b)(ii) of the Corporations Act and fixed the plaintiff's resignation date as the date he actually ceased to be a director, rather than the later date of ASIC lodgement. In exercising the discretion to extend time beyond 12 months, the Court identified five relevant factors: the length of the extension sought, the reason for the delay, any prejudice from the delay, the merits of the underlying claim, and the public interest in the accuracy of ASIC records. The Court held it was just and equitable to backdate the resignation where the delay in lodgement was attributable to the remaining director's administrative failures, no party opposed the application, and there was no suggestion of improper backdating or phoenix activity.
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