{"issue_text":"Whether the application is invalid for failure to give notice to affected persons as required by section 123(3)(b) of the Insolvency Act","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant conceded they did not serve affected persons; parties have long business relationship"}
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background
Facts of the Case
Background
The applicant (Makeh Enterprises) objected to the respondent company's (Stuart Pumps Engineering) resolution to commence voluntary corporate rescue proceedings. The applicant claimed the respondent owed US$184,000 in rental arrears under a lease agreement and argued the company was not financially distressed.
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