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The Laws of Fiji
Last Updated: 24 June 2022

[COM 445] Court may declare whether putative receiver or manager is validly acting445 

445
(1) Where there is doubt, on a specific ground, about—
  • (a)whether a purported appointment of a person as receiver or manager of property of a company is valid; or
  • (b)whether a person who has entered into possession, or assumed control, of property of a company did so validly under the terms of a charge on that property,

the person, the company or any of the company’s creditors may apply to the court for an order under subsection (2).

(2) On an application, the court may make an order declaring whether or not—
  • (a)the purported appointment was valid; or
  • (b)the person entered into possession, or assumed control, validly under the terms of the charge,

as the case may be, on the ground specified in the application or on some other ground.