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Company – Creditors voluntary liquidation. The claimant creditors of a company in creditors' voluntary liquidation issued proceedings against the former liquidator, R, of the company alleging fraud and seeking relief under s 212 of the Insolvency Act 1986 (the s 212 proceedings). Shortly before the trial of that application, R made an interim application, among other things, seeking an order adjourning the trial. The Chancery Division, in dismissing the application, held that an unheralded very late application of the instant nature did not fit into the very narrow gap through which trivial non-compliance might be allowed to pass. R did not qualify as an applicant to challenge the validity of the claimants' proofs. It followed that the court lacked jurisdiction to entertain a challenge by it to a consent order made in the s 212 proceedings.
Company – Creditors voluntary liquidation. The claimant creditors of a company in creditors' voluntary liquidation issued proceedings against the former liquidator, R, of the company alleging fraud and seeking relief under s 212 of the Insolvency Act 1986 (the s 212 proceedings). Shortly before the trial of that application, R made an interim application, among other things, seeking an order adjourning the trial. The Chancery Division, in dismissing the application, held that an unheralded very late application of the instant nature did not fit into the very narrow gap through which trivial non-compliance might be allowed to pass. R did not qualify as an applicant to challenge the validity of the claimants' proofs. It followed that the court lacked jurisdiction to entertain a challenge by it to a consent order made in the s 212 proceedings.
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