Section 447A of the Corporations Act 2001 (Cth) confers power to set aside a DOCA ab initio even after it has been terminated by performance, and to modify ss 444H and 445H to ensure creditors' claims are not extinguished by the setting aside. A person who was a creditor at the time a creditors' resolution was passed has standing under s 600A even if their claim has subsequently been released by the effectuated DOCA. For s 600A(1)(b), the court must focus on how the meeting was actually conducted — where a vote was taken on the voices and no poll was demanded, the hypothetical outcome of a poll is irrelevant.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
3 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.