Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 441H

Court may limit powers of receiver etc. in relation to property used by company

             (1)  This section applies if:

                     (a)  for the purpose of enforcing a right of the owner or lessor of property used or occupied by, or in the possession of, a company to take possession of the property or otherwise recover it, a person:

                              (i)  enters into possession, or assumes control, of the property; or

                             (ii)  exercises any other power in relation to the property; and

                     (b)  the company is under administration when the person does so, or the company later begins to be under administration.

             (2)  On application by the administrator, the Court may order the person not to perform specified functions, or exercise specified powers, in relation to the property, except as permitted by the order.

             (3)  The Court may only make an order if satisfied that what the administrator proposes to do during the administration will adequately protect the interests of the owner or lessor.

             (4)  An order may only be made, and only has effect, during the administration.

             (5)  An order has effect despite sections 441F and 441G.



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