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Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural justice objections.
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Service of notice in insolvency proceedings is satisfied where repeated attempts through speed post and email, corrected address particulars, and further opportunities to respond provide reasonable opportunity before ex parte action. A corporate debtor that keeps its registered office non-functional cannot rely on resulting non-receipt to establish a breach of natural justice, absent a challenge to email service or evidence of incorrect particulars or mala fides. For a corporate guarantor, a demand guarantee may contractually treat the principal borrower's acknowledgment or balance confirmation as the guarantor's acknowledgment. Written settlement proposals acknowledging liability can therefore extend limitation, while the section 7 inquiry remains confined to financial debt and default.
Service of notice in insolvency proceedings is satisfied where repeated attempts through speed post and email, corrected address particulars, and further opportunities to respond provide reasonable opportunity before ex parte action. A corporate debtor that keeps its registered office non-functional cannot rely on resulting non-receipt to establish a breach of natural justice, absent a challenge to email service or evidence of incorrect particulars or mala fides. For a corporate guarantor, a demand guarantee may contractually treat the principal borrower's acknowledgment or balance confirmation as the guarantor's acknowledgment. Written settlement proposals acknowledging liability can therefore extend limitation, while the section 7 inquiry remains confined to financial debt and default.
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