When does the procedure for extending a bondholder's objection period come into play, and what does that procedure bring with it?
General information · Not legal advice
Material to check
In a practice file we read the application for permission to extend the period, to see which Commercial Act extension provision it invokes and in whose name it is made, together with the papers showing the bond matter and when the objection period began to run.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the trigger at face value: the further procedure applies only where an application for permission to extend the bondholder's objection period has been made under the Commercial Act's extension provision, whether that provision stands on its own or is applied by force of another provision of the Commercial Act, and once such an application exists, the Non-Contentious Case Proceedings Act applies its further provision to it mutatis mutandis.
Another reading notes what the provision leaves out: it fixes no moment by which the application must be lodged, and it does not itself say what the borrowed provision requires, so both the timing of the application and the steps that follow it are governed by the texts this provision points to rather than by its own words.
Your judgment
If the objection period had already closed when the application was filed, what in the file could show whether the extension procedure was still open at that moment?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to fix when the application must be made, or if a court decision explains what applying the borrowed provision mutatis mutandis to such an application requires.