6 Mar 2013
WALKER V FORBES & ORS HC CHCH CIV 2012-409-002486
- Citation
- openlaw-f3a0701f_69ab_45fa_b55c_9f2bea4e9fdb.pdf
- Court
- High Court
Section 76(2) is limited to allowing proceedings that had already begun before adjudication to continue; it does not confer jurisdiction to commence fresh proceedings post-adjudication. On the facts, the proposed compensation claim against the bankrupt is a provable debt and leave to continue that claim under s 76(2) is declined. Declarations or prohibitory relief concerning directors' duties do not require leave. The Court granted time for submissions on the availability of s 237 as the appropriate statutory route to resolve disputed provable claims.