6 Challenge of decisions
6 Challenge of decisions

(1)     Subject to this section, an application to the court may be made, by any of the persons specified below, on one or both of the following grounds, namely—

(a)     that a voluntary arrangement [which has effect under section 4A] unfairly prejudices the interests of a creditor, member or contributory of the company;

(b)     that there has been some material irregularity at or in relation to [the meeting of the company, or in relation to the relevant qualifying decision procedure].

[(1A)     In this section—

(a)     the “relevant qualifying decision procedure” means the qualifying decision procedure in which the company's creditors decide whether to approve a voluntary arrangement;

(b)     references to a decision made in the relevant qualifying decision procedure include any other decision made in that qualifying decision procedure.]

(2)     The persons who may apply under [subsection (1)] are—

(a)     a person entitled, in accordance with the rules, to vote at [the meeting of the company or in the relevant qualifying decision procedure];

[(aa)     a person who would have been entitled, in accordance with the rules, to vote [in the relevant qualifying decision procedure] if he had had notice of it;]

(b)     the nominee or any person who has replaced him under section 2(4) or 4(2); and

(c)     if the company is being wound up or [is in administration], the liquidator or administrator.

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