In a Commercial List proceeding, the court considered a motion by a court-appointed manager seeking approval of its disallowance of a creditor claim submitted in a claims process order.
The claimant alleged losses arising from a landlord’s breach of a lease relating to delays in providing electrical power to commercial premises.
The court held that the claimant bore the onus of establishing error in the manager’s determination, similar to an appeal from a trustee’s disallowance in bankruptcy proceedings.
The court found the claim was statute-barred under the Limitations Act, 2002, and further held that the claimant’s execution of an estoppel certificate and failure to provide adequate proof of damages independently justified disallowance.
The manager’s decision was upheld.
