Protection of company’s property from persons bound by deed
444E Protection of company’s property from persons bound by deed
Until a deed of company arrangement terminates, this section applies to a person bound by the deed.
The person cannot:
make an application for an order to wind up the company; or
proceed with such an application made before the deed became binding on the person.
The person cannot:
begin or proceed with a proceeding against the company or in relation to any of its property; or
begin or proceed with enforcement process in relation to property of the company;
except:
with the leave of the Court; and
in accordance with such terms (if any) as the Court imposes.
In subsection (3):
property of a company includes:
any PPSA retention of title property of the company; and
any other property used or occupied by, or in the possession of, the company.
See sections 9 (definition of property) and 51F (PPSA retention of title property).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.