consent (1) This section applies where a notice is given under
section 588S.
(2) The creditor may begin proceedings in a court under section 588M in
relation to the incurring by the company of the debt specified in the notice
if:
- (a)
- as at the end of 3 months after the liquidator receives the notice,
he or she has not consented to the creditor beginning such proceedings; and
- (b)
- on an application made after those 3 months, the court has given leave for
the proceedings to begin.
(3) If:
- (a)
- during those 3 months, the liquidator gives to the creditor a
written statement of the reasons why the liquidator thinks that such
proceedings should not be begun; and
- (b)
- the creditor applies for leave under paragraph (2)(b);
then:
- (c)
- the creditor must file the statement with the court when so applying; and
- (d)
- in determining the application, the court is to have regard to the reasons
set out in the statement.