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Last-mile logistics software company GetSwift has ceased trading on the ASX after its relocation to Canada got the greenlight by the Federal Court and FIRB despite the company facing ongoing litigation in Australia.
A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not "disproportionately prejudice" ASIC, which is seeking penalties against the company.
A judge has indicated she will approve GetSwift's plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.
Logistics software company GetSwift has tried to assure the Federal Court that an attempt to relocate to Canada is not for the purpose of avoiding pecuniary penalties and damages in civil proceedings brought by ASIC and a $50 million shareholder class action.
ASIC and the applicant in a class action against GetSwift have intervened in an application by the logistics provider to relocate its headquarters to Canada, aiming to ensure shareholders are aware of the potential outcomes of the regulator's enforcement action, which include banning orders against directors Bane Hunter and Joel Macdonald.
GetSwift has promised the Federal Court that it will inform the lead applicant in a shareholder class action if any of its assets are to be transferred outside of Australia, after the applicant raised concerns about the logistics company's proposed relocation to Canada.