This article considers how to challenge an act, omission or
decision of an office-holder.
The right to bring a challenge derives from Section 273 of the
BVI Insolvency Act 2003, which provides:
A person aggrieved by an act, omission or decision of an
office holder may apply to the Court and the Court may confirm,
reverse or modify the act, omission or decision of the office
holder.
An office-holder means a company's
administrator1, liquidator, provisional liquidator or
administrative receiver.
The section is all encompassing, and covers any "act,
omission or decision" of an office-holder, with the
result that a Court can hear a wide range of challenges.
These could be, for example, challenging the sale of assets; the
commencement of legal proceedings; the failure to bring legal
proceedings; the rejection of an alleged creditor's claim or
the admission of a creditor's claim2.
