Supreme Court confirms principles in relation to section 437D of the Corporations Act 2001 (Cth)

Chris Brodrick and Anthea McGurty of Holding Redlich remind readers that any dealing affecting a company’s property under administration that is entered into without the administrator’s consent is void subject only to an order of the Court, and a stakeholder seeking such an order will need to prove that not only will the company or other creditors not be worse off as a consequence of the transaction, but that it is for their benefit as a whole.

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