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Article 56 Exclusion of proof by the court

Original text. Later amendments are not shown.

(1)

The court may exclude a proof or reduce the amount claimed—

(a)

on the SMCL administrator’s application, where the SMCL administrator thinks that the proof has been improperly admitted, or ought to be reduced; or

(b)

on the application of a creditor, if the SMCL administrator declines to interfere in the matter.

(2)

Where application is made to the court under this Rule, the court must fix a venue for the application to be heard, notice of which must be sent by the applicant—

(a)

in the case of an application by the SMCL administrator, to the creditor who submitted the proof; and

(b)

in the case of an application by a creditor, to the SMCL administrator and to the creditor who submitted the proof (if that creditor is not the applicant).