Commonwealth Repealed Acts
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This legislation has been repealed.
CORPORATIONS LAW- SECT 445G
When Court may void or validate deed
- (1)
- Where there is doubt, on a specific ground,
whether a deed of company arrangement was entered into in accordance with this
Part or complies with this Part, the administrator of the deed, a member or
creditor of the company, or the Commission, may apply to the Court for an
order under this section.
- (2)
- On an application, the Court may make an order declaring the
deed, or a provision of it, to be void or not to be void, as the case
requires, on the ground specified in the application or some other
ground.
- (3)
- On an application, the Court may declare the deed, or a provision
of it, to be valid, despite a contravention of a provision of this Part, if
the Court is satisfied that:
- (a)
- the provision was substantially complied with; and
- (b)
- no injustice will result for anyone bound by the deed if the
contravention is disregarded.
- (4)
- Where the Court declares a provision of
a deed of company arrangement to be void, the Court may by order vary the
deed, but only with the consent of the deed's administrator.
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