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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.

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