The power under s 411(6) of the Corporations Act 2001 (Cth) to approve a scheme of arrangement subject to alterations extends to material and substantial alterations, not merely minor or technical ones. The only constraint is that the Court must consider the alteration just. The terms of a creditors' resolution cannot confine the Court's statutory power, though they are relevant to the exercise of discretion. The Privy Council's decision in Kempe v Ambassador Insurance Co, which limited the court's inherent jurisdiction to non-substantive alterations, does not apply to the Australian statutory power.
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