| Commentary

108 Change of carriage of the petition

| Commentary

108 Change of carriage of the petition

The effect of an order for change of carriage of the petition, if made, is to put the applicant in the shoes of the previously petitioning creditor rather than to allow the applicant to proceed in reliance upon a debt owed to him. Accordingly, the person given the carriage of the petition by such order is entitled to rely on all evidence previously adduced in the proceedings1. The court may make the order on such terms as it thinks just if satisfied that the applicant is an unpaid and unsecured creditor of the

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