Brokerage commission benchmarking and investment advisory comparability depend on functional differences, economic circumstances and the services prov...
Rule 11 preserves a limited power to recall insolvency orders, not to review them. Fraud-based recall requires specific particulars and proof of a knowingly or recklessly false representation, or deliberate concealment of a material fact required to be disclosed, which procured the order, could not fairly have been exposed at the time and caused a gross failure of justice. Failure to consider a balance sheet already on record is a matter for appeal. A subsequently produced tax return showing only aggregate borrowing does not itself establish fraudulent suppression; its earlier non-production must itself constitute fraud to support recall. An unproved allegation of fraud cannot circumvent the limitation period for an appeal.
Rule 11 preserves a limited power to recall insolvency orders, not to review them. Fraud-based recall requires specific particulars and proof of a knowingly or recklessly false representation, or deliberate concealment of a material fact required to be disclosed, which procured the order, could not fairly have been exposed at the time and caused a gross failure of justice. Failure to consider a balance sheet already on record is a matter for appeal. A subsequently produced tax return showing only aggregate borrowing does not itself establish fraudulent suppression; its earlier non-production must itself constitute fraud to support recall. An unproved allegation of fraud cannot circumvent the limitation period for an appeal.
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