(1) This section applies if, because the person presiding at the meeting exercises a casting vote, a resolution is passed at a meeting of creditors of a company held:

(a)

under Part 5.3A or a deed of company arrangement executed by the company; or

(b)

in connection with winding up the company.

(2) A person may apply to the Court for an order setting aside or varying the resolution, but only if:

(a)

the person voted against the resolution in some capacity (even if the person voted for the resolution in another capacity); or

(b)

a person voted against the resolution on the first-mentioned person's behalf.

(3) On an application, the Court may:

(a)

by order set aside or vary the resolution; and

(b)

if it does so—make such further orders, and give such directions, as it thinks necessary.

(4) On and after the making of an order varying the resolution, the resolution has effect as varied by the order.