Commentary

17 Presumption that procedure duly initiated and conducted

BANKRUPTCY AND INSOLVENCY (CORPORATE INSOLVENCY) vol 3(3)
| Commentary

17 Presumption that procedure duly initiated and conducted

| Commentary

17 Presumption that procedure duly initiated and conducted

It is important to be aware that where a decision is sought by a notice under these rules, the decision procedure or deemed consent procedure is presumed to have been duly initiated and conducted, even if not everyone to whom the notice is to be delivered has received it1. This would clearly cover a case where notice has been sent but not received (or allegedly not received) by someone entitled to receive it. It could be clearer whether it would also cover a case where no notice was sent to

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial