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The directors of a Company filed a notice of intention to appoint an administrator after a winding up petition had been presented but not served. The directors subsequently passed a resolution for CVL and purported to appoint a liquidator before the expiry of the interim moratorium. The directors argued that by reason of the extant petition the filing of the notice of intention to appoint was an abuse of process and/or a nullity, such that the interim moratorium never came into effect (an argument allegedly deployed successfully on numerous unreported occasions).
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