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A notice for leave to appeal does not revive a discharged provisional liquidation; bank must reinstate the applicant's overdraft.
Insolvency law – provisional liquidation discharged – a notice for leave to appeal does not revive a discharged provisional liquidation; Superior Courts Act s18 inapplicable where discharge not suspended. Bank law – rights to place holds or suspend facilities on suspected liquidation; bank may act prudently but court may order reinstatement where hold is based on incorrect revival belief. Urgent application – relief not res judicata where relief differs and additional parties (bank) joined.
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