A court considering an application for leave to appeal from a refusal to adjourn a winding up hearing under s 440A(2) will apply the ordinary leave criteria, with the additional consideration that legislative policy favours winding up proceedings proceeding swiftly. The weight to be given to the opportunity for creditors to decide on a proposed DOCA is very dependent upon individual circumstances. Basten JA left open whether the opportunity for creditors to vote on a DOCA is itself a relevant factor under s 440A(2).
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