5 Dec 2011
BLACKMORE & FRY HC CHCH CIV-2010-409-001667 & CIV-2010-409-001668
- Citation
- openlaw-e027913b_2ad2_4f4c_a1a4_2337ab8d7fa8.pdf
- Court
- High Court
The Court refused to approve the insolvency proposals because the trustee failed to give adequate notice under s330(1) of the Insolvency Act 2006 (time/place and materially changed creditor list given only one day before the reconvened meeting), causing real prejudice to a significant creditor (Carters), and the Court properly exercised its discretion under s333(3) to refuse approval; the late addition of a related‑party creditor and substantial contingent claims reinforced that decision.
- Creditor notice requirements
- Proposal approval
- Reconvened creditors' meeting
- Prejudice from procedural defects
- Related‑party claims
- Contingent claims