[(1) A creditor or member of a company may apply to the court for an order under this section on the ground that—
(a) during a moratorium, the company's affairs, business and property are being or have been managed by the directors in a manner which has unfairly harmed the interests of its creditors or members generally or of some part of its creditors or members (including at least the applicant), or
(b) any actual or proposed act or omission of the directors during a moratorium causes or would cause such harm.
(2) An application under subsection (1) may be
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