Section 239ACX — Companies Act 1993: Court may rule on validity of deed

239ACX Court may rule on validity of deed (1) The Court may rule on the validity of a deed of company arrangement if there is doubt, on a specific ground, whether a deed of company arrangement— (a) was entered into in accordance with this Part; or (b) complies with this Part. (2) An application under this section may be made by— (a) the deed administrator; or (b) a shareholder or creditor of the company; or (c) the Registrar. (3) On an application under this section,— (a) the Court may declare the deed void or not void: (b) if the deed is void for contravention of a provision of this Part, the Court may validate the deed, or any part of it, provided the Court is satisfied that— (i) the provision was substantially complied with; and (ii) no injustice will result for anyone bound by the deed if the contravention is disregarded. (4) The Court may, if it declares that a provision of the deed is void, vary the deed, but only if the deed administrator consents. Compare: Corporations Act 2001 (Australia) s 445G Section 239ACX: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).