Article 149E - Appeal against decision on proof
(1) If a creditor is dissatisfied with the officeholder's decision with respect to his proof (including any decision on the question of preference), he may apply to the
QFC Court for the decision to be reversed or varied.
(2) An application under (1) must be made within 21 days of his receiving the statement sent under Article 149D(2).
(3) A contributory (in the case of a winding up), a member (in the case of an administration) or, in either case, a member may, if dissatisfied with the officeholder's decision admitting or rejecting the whole or any part of a proof, make such an application within 21 days of becoming aware of the officeholder's decision.
(4) Where application is made to the
QFC Court under this Article, the QFC Court shall fix a venue for the application to be heard, notice of which shall be sent by the applicant to the creditor who lodged the proof in question (if it is not himself) and the officeholder.
(5) The officeholder shall, on receipt of the notice, file with the
QFC Court the relevant proof, together (if appropriate) with a copy of the statement sent under Article 149D(2).
(6) Where the application is made by a member or contributory, the
QFC Court must not disallow the proof (in whole or in part) unless the Member or contributory shows that there is (or would be but for the amount claimed in the proof), or that it is likely that there will be (or would be but for the amount claimed in the proof), a surplus of assets to which the Company would be entitled.
(7) After the application has been heard and determined, the proof shall, unless it has been wholly disallowed, be returned by the
QFC Court to the officeholder.
(8) The officeholder is not personally liable for costs incurred by any person in respect of the application under this Article unless the
QFC Court otherwise orders.