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CORPORATIONS ACT 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)    View history reference

Note: See section 600K .

PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS  

Division 75 - Meetings  

CLAUSE 75-42  CREDITORS ' RESOLUTION PASSED BECAUSE OF CASTING VOTE - COURT REVIEW  

 View history reference

Application of this section

75-42(1)  

This section applies if:


(a) a resolution is passed at a meeting of creditors of a company under external administration; and


(b) the resolution is passed because the person presiding at the meeting exercises a casting vote.

Application to the Court

75-42(2)  

ASIC may apply to the Court for an order setting aside or varying the resolution.

75-42(3)  

A person (other than ASIC) may apply to the Court for an order setting aside or varying the resolution, but only if:


(a) the person voted against the resolution in some capacity (even if the person voted for the resolution in another capacity); or


(b) a person voted against the resolution on the first-mentioned person ' s behalf.

Court may make orders

75-42(4)  

On application under subsection (2) or (3), the Court may:


(a) by order set aside or vary the resolution; and


(b) if it does so - make such further orders, and give such directions, as it thinks fit.

75-42(5)  

On and after the making of an order varying the resolution, the resolution has effect as varied by the order.

 



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