lessor (1) This section applies where:
- (a)
- it is proposed that a company
execute a deed of company arrangement; or
- (b)
- a company has executed such a deed.
(2) Subject to subsection 441A(3), the Court may order a secured creditor of
the company not to realise or otherwise deal with the security, except as
permitted by the order.
(3) The Court may only make an order under subsection (2) if satisfied
that:
- (a)
- for the creditor to realise or otherwise deal with the security
would have a material adverse effect on achieving the purposes of the deed;
and
- (b)
- having regard to:
- (i)
- the terms of the deed; and
- (ii)
- the terms of the order; and
- (iii)
- any other relevant matter;
the creditor's interests will be adequately protected.
(4) The Court may order the owner or lessor of property that is used or
occupied by, or is in the possession of, the company not to take possession of
the property or otherwise recover it.
(5) The Court may only make an order under subsection (4) if satisfied
that:
- (a)
- for the owner or lessor to take possession of the property or
otherwise recover it would have a material adverse effect on achieving the
purposes of the deed; and
- (b)
- having regard to:
- (i)
- the terms of the deed; and
- (ii)
- the terms of the order; and
- (iii)
- any other relevant matter;
the interests of the owner or lessor will be adequately protected.
(6) An order under this section may be made subject to conditions.
(7) An order under this section may only be made on the application of:
- (a)
- if paragraph (1)(a) appliesthe administrator of the company; or
- (b)
- if paragraph (1)(b) appliesthe deed's administrator.