CORPORATIONS – interlocutory application to vary restructuring plan pursuant to reg 5.3B.61 of the Corporations Regulations 2001 (Cth) – where restructuring plan had been accepted by creditors – where there is no legislative mechanism to vary restructuring plan during acceptance period without Court approval – where creditors’ interests protected by variation
STATUTORY INTERPRETATION – Corporations Act 2001 (Cth) – Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) – Corporations Regulations 2001 (Cth) – Part 5.3B – construction of the Objects of Part 5.3B – construction of power of Court to vary restructuring plan – consideration of how the power should be exercised – whether s 453Q and s440A of the Corporations Act should be construed and applied in the same manner
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0872
For more information, see the original judgement.
