3 Oct 2008
DAVID MURRAY BLANCHETT AND VIVIAN JUDITH FATUPAITO HC NWP CIV 2008-443-000485
- Citation
- openlaw-469af297_9c49_4aff_8804_4dd9dbd3907b.pdf
- Court
- High Court
Where services to secured creditors are provided by other members of the applicants' firm but the applicants have no direct, continuing relationship and those individuals are excluded from involvement in the liquidation, there is no real risk to independence; accordingly the Court will exercise its discretion under s286 to permit the applicants to be appointed notwithstanding s280(1)(cb), and leave to proceed ex parte under r458D(1)(e) is appropriate given urgency and protections afforded to creditors.