Corporations Act 2001
CHAPTER 5
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EXTERNAL ADMINISTRATION
PART 5.2
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RECEIVERS, AND OTHER CONTROLLERS, OF PROPERTY OF CORPORATIONS
SECTION 418A
COURT MAY DECLARE WHETHER CONTROLLER IS VALIDLY ACTING
418A(1)
Where there is doubt, on a specific ground, about:
(a) whether a purported appointment of a person, after 23 June 1993, as receiver of property of a corporation is valid; or
(b) whether a person who has entered into possession, or assumed control, of property of a corporation after 23 June 1993 did so validly under the terms of a security interest in that property;
418A(2)
On an application, the Court may make an order declaring whether or not:
(a) the purported appointment was valid; or
(b) the person entered into possession, or assumed control, validly under the terms of the security interest;
Note: This Part applies to CCIVs with modifications: see Division 3 of Part 8B.6 .
View history note
Hide history noteWhere there is doubt, on a specific ground, about:
(a) whether a purported appointment of a person, after 23 June 1993, as receiver of property of a corporation is valid; or
(b) whether a person who has entered into possession, or assumed control, of property of a corporation after 23 June 1993 did so validly under the terms of a security interest in that property;
the person, the corporation or any of the corporation ' s creditors may apply to the Court for an order under subsection (2).
418A(2)
On an application, the Court may make an order declaring whether or not:
(a) the purported appointment was valid; or
(b) the person entered into possession, or assumed control, validly under the terms of the security interest;
as the case may be, on the ground specified in the application or on some other ground.