17, Following this the Joint Administrators were made aware thet Mr Fubb had
made a coinplaint in respect of the Joint Administrators! conduc is.
bon Gems a tina cont nd cond of cn
Regs kale obliged to draw this correspondence to
the attention of the cowt. On 30/03/2007, I therefore submitted on behalf of the
Joint Administrators a witness statement to the court and asked the court to list
Mr Fabb's strike out application for the carliest possible hearing date.
18, Mr Fabb’s application to stike out the claim wes Tiel for hearing on
30/072007 and shorty prior tothe same formed my the
application. HoweVet Mr Fabb did not
state his intention in respect of a farther pending application listed at the same
time secking the discharge of the administration orders in respect of various
up companies of which myself and Mr Davison are also the Joint
administrators ("Discharge Application”). 1
to the Discherge Application
merely for completeness,
19, ag 0 Ye ts that the
bankraptey proceedings remained outstanding, and it was not in the
citcneastances: appropriate to deal with the question of costs, given if Mr Fabb
tas made bankrupt on the return date of the petition, 10/08/2007, such costs
would be largely academic,
20,
understand ftom the solicitors who acted on behalf of the petitioning creditor,
Georue Davies, that Mr Fab offered security for the entirety of the debt due to
the petitioning creditor,
24 ea
At ihe hearing, I understand Mr Fab indicated to District Judge
Needham that be no longer wished to proceed with his strike out application and
fend occasioned by both applications, District Judge
Needkam also ordered consequential directions, including a direction that the
parties seek to agree on the identity of« single joint expert by 11/12/2007 ax, in
the absence of the sarae, to refer matters back to District Judge Needham.