Section 447A of the Corporations Law may be used to cure a deficiency in the appointment of a voluntary administrator under s 436A, including where the triggering event (the board resolution) was not validly authorised. The distinction between 'procedural irregularity' (s 1322(2)) and matters 'essentially of a procedural nature' (s 1322(4)(a)) means that a resolution to appoint an administrator passed without quorum, arising from a misapprehension about the company's constitution, is not automatically cured under s 1322(2) but may be cured by order under s 1322(4)(a). Delay in commencing proceedings to challenge a deed of company arrangement is a significant discretionary factor but is not conclusive; the weight depends on the length and explanation for the delay and whether adverse consequences to third parties have resulted.
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