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administrative receiver apply arise arrears authority book debts breach Ch.D Chap Cmnd commencement Companies Act 1985 Companies Registry company law company's assets company's property compulsory liquidation contract Cork Committee Court of Appeal debenture holder decision Developments Ltd disclaim disqualification order distress duty effect employees entitled equitable charge exercise favour fixed charge floating charge fraudulent trading funds held Hoffmann Ibid incurred Insolvency Act 1986 insolvency practitioners Insolvency Rules 1986 insolvent company judgment creditor landlord liquidator's Lloyd's Rep Lloyds Bank misfeasance negative pledge normally notice obligations office holder paid party payment personal liability petitioner plaintiffs position preferential claims preferential creditors priority procedure protect provision provisional liquidator realisation receiver appointed receiver's receivership recently remuneration rent Sched set-off shareholders statutory supplier supra title retention clause transaction trust unsecured creditors voluntary liquidation voluntary winding winding up order winding up petition