Acknowledgements and out of court restructuring proposals...

Acknowledgements and out of court restructuring proposals constituted valid acknowledgements under the Limitation Act, extending limitation and rendering the insolvency petition timely; this conclusion was upheld. Substituted service by publication, the debtor counsel's subsequent appearance, and multiple adjournments afforded before the ex parte order established that principles of natural justice were respected; no breach was found. Documentary evidence of disbursement, the debtor's repeated restructuring requests and one-time settlement offers supported findings of debt and default, justifying admission of the insolvency petition and appointment of an interim resolution professional. The appeal was dismissed and the admission upheld.

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