Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .

Division 7A - Disclaimer of onerous property  

SECTION 568E   APPLICATION TO SET ASIDE DISCLAIMER AFTER IT HAS TAKEN EFFECT  

568E(1)   [ Application after disclaimer takes effect]  

With the leave of the Court, a person who has, or claims to have, an interest in disclaimed property may apply to the Court for an order setting aside the disclaimer after it has taken effect.

568E(2)   [ Grounds on which Court can grant leave]  

The Court may give leave only if it is satisfied that it is unreasonable in all the circumstances to expect the person to have applied for an order setting aside the disclaimer before it took effect.

568E(3)   [ Leave subject to conditions]  

The Court may give leave subject to conditions.

568E(4)   [ Court's power on application]  

On an application under subsection (1), the Court:

(a) may by order set aside the disclaimer; and

(b) if it does so - may make such further orders as it thinks appropriate, including orders necessary to put the company, the liquidator or anyone else in the same position, as nearly as practicable, as if the disclaimer had never taken effect.

568E(5)   [ Precondition to setting aside]  

However, the Court may set aside a disclaimer only if satisfied that the disclaimer has caused, or would cause, to persons who have, or claim to have, interests in the property, prejudice that is grossly out of proportion to the prejudice that setting aside the disclaimer (and making any further orders) would cause to:

(a) the company's creditors; and

(b) persons who have changed their position in reliance on the disclaimer taking effect.