Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
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Expunction of adverse observations in insolvency-related proceedings where appellate review found paras 25 and 28 contained unsupported factual assertions. The document holds that findings about initiation of investigation and group company affiliation lacked admissible material and were therefore unsustainable, and that exclusion of any Committee of Creditors member requires adequate opportunity to be heard; accordingly the impugned observations were expunged and related directions set aside. The operative effect is removal of unsupported adverse findings and affirmation of the necessity of evidentiary basis and hearing before excluding a CoC member.
Expunction of adverse observations in insolvency-related proceedings where appellate review found paras 25 and 28 contained unsupported factual assertions. The document holds that findings about initiation of investigation and group company affiliation lacked admissible material and were therefore unsustainable, and that exclusion of any Committee of Creditors member requires adequate opportunity to be heard; accordingly the impugned observations were expunged and related directions set aside. The operative effect is removal of unsupported adverse findings and affirmation of the necessity of evidentiary basis and hearing before excluding a CoC member.
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