Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p154
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 154/212)
Character Range: 405088–407623

The Court may make any order it thinks necessary or expedient:

     (a) to protect the rights or interests of a person who is affected by the scheme or by a connected transaction; or

     (b) to prevent a person from entering into or carrying out the whole or a part of the scheme or of a connected transaction; or

     (c) to put a person in the same position as if the whole or a particular part of the scheme or of a connected transaction had not been entered into or carried out.

  "(3) The Court may make one or more of the following:

     (a) an order directing a person to supply specified information to members or creditors of the company;

SCHEDULE 5—continued

     (b) an order restraining the exercise of any voting or other rights attached to shares in the company;

     (c) an order that any exercise of the voting or other rights attached to shares in the company be disregarded;

     (d) an order restraining the disposal of, or of any interest in, shares in the company;

     (e) an order directing the disposal of, or of any interest in, shares in the company;

     (f) an order vesting in the Commission shares, or any interest in shares, in the company;

     (g) an order directing the company not to register the transfer or transmission of shares;

(h) an order directing the company not to make payment, or to defer making payment, of any sum or sums due from the company in respect of shares in the company;

(j) an order cancelling, or declaring to be voidable, an arrangement or offer that is a connected transaction in relation to the scheme.

"(4) If the Court is satisfied that a person has suffered, or is likely to suffer, loss or damage as a result of the scheme or of a connected transaction, the Court may make, against the company or a person who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the company becoming a party to the scheme, or to the scheme or transaction, as the case may be, any order that the Court thinks just and equitable, including, but not limited to, one or more of the following:

     (a) an order directing the refunding of money or the return of property;

     (b) an order directing the payment to a person of damages in respect of loss or damage so suffered;

     (c) an order directing that a person be indemnified against any loss or damage that the person may so suffer.

"(5) The Court may, in order to secure compliance with any other order made under this section, make an order directing a person to do