(1) The court may, on an application under this section, appoint any person to be the special manager—
(a) of a bankrupt's estate, or
(b) of the business of an undischarged bankrupt, or
(c) of the property or business of a debtor in whose case [an interim receiver has been appointed] under section 286.
(2) An application under this section may be made by the [interim receiver] or the trustee of the bankrupt's estate in any case where it appears to the [interim receiver] or trustee that the nature of the estate, property or business, or the interests of the creditors
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Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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