*/
Company – Administrator. A company in administration applied, under r 2.109 of the Insolvency Rules 1986, SI 1986/1925, to challenge the remuneration and/or expenses of the appointed administrators on the ground that they were excessive. The issue was whether that application, in addition to challenging remuneration detailed in a first report, could also challenge remuneration and/or expenses detailed in a second progress report, or whether a second application and an extension of time to make it were required. The Companies Court held that, on the true construction of the Rules, the eight week period within which to challenge remuneration and expenditure applied to the specific report which detailed the remuneration and expenses challenged. Accordingly, the company could not rely upon the first report to challenge the remuneration and expenses detailed in the second report. A second application was required and the court granted an extension of time in which to make it.
Company – Administrator. A company in administration applied, under r 2.109 of the Insolvency Rules 1986, SI 1986/1925, to challenge the remuneration and/or expenses of the appointed administrators on the ground that they were excessive. The issue was whether that application, in addition to challenging remuneration detailed in a first report, could also challenge remuneration and/or expenses detailed in a second progress report, or whether a second application and an extension of time to make it were required. The Companies Court held that, on the true construction of the Rules, the eight week period within which to challenge remuneration and expenditure applied to the specific report which detailed the remuneration and expenses challenged. Accordingly, the company could not rely upon the first report to challenge the remuneration and expenses detailed in the second report. A second application was required and the court granted an extension of time in which to make it.
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