| Commentary

149 Orders which ought not to have been made

| Commentary

149 Orders which ought not to have been made

The grounds on which the order ought not to have been made must have existed at the time when the order was made1; but this must be taken to refer to the factual position, not to the state of the evidence before the court. Thus, new evidence may be filed for the purpose of the application to annul2.

Examples of grounds for annulment arose under the old law where the bankruptcy order was made on a petition, presentation of which was an abuse of process3; where the order was made on the

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