(1) This section applies if, because the person presiding at the meeting exercises a casting vote, or refuses or fails to exercise such a vote, a proposed resolution is not 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 under subsection (3), but only if:

(a)

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

(b)

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

(3) On an application, the Court may:

(a)

order that the proposed resolution is taken to have been passed at the meeting; and

(b)

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

(4) If an order is made under paragraph (3)(a), the proposed resolution:

(a)

is taken for all purposes (other than those of subsection (1)) to have been passed at the meeting; and

(b)

is taken to have taken effect:

(i)

if the order specifies a time when the proposed resolution is taken to have taken effect—at that time, even if it is earlier than the making of the order; or

(ii)

otherwise—on the making of the order.