Catchwords:

CORPORATIONS AND CORPORATE INSOLVENCY – deed of company arrangement executed under s 444B of the Corporations Act 2001 (Cth) – DOCA binding for claims of creditors under s 444D(1) – secured creditor made advancements before DOCA under loan agreement made before DOCA – secured creditor made additional advances under loan agreement variation made after DOCA – whether secured creditor prevented from dealing with security interest with respect to additional advances – whether security interest rendered permanently unenforceable by DOCA – whether additional advances under loan agreement variation released by DOCA as content liabilities

PRACTICE AND PROCEDURE – leave to withdraw concession and raise a legal point conceded before the primary judge on appeal