The liquidator sought to revoke or suspend the voluntary arrangement on the grounds of a material irregularity, but the application was lodged well outside the statutory 28 day limit, and he first sought leave to apply out of time.
Held: The court had a discretion to extend the limit, and could take into account a wide range of factors, but here the delay had been long with regard to the tight timetable imposed by the Act, even though other considerations suggested a review, and the application was rejected.
England and Wales
Cited – Tager v Westpac Banking Corporation and Others ChD 24-Dec-1996
A court has the power to extend the time allowed for a challenge to a voluntary arrangement. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.177802