10. Appeal against decision on proof
(1) If a creditor is dissatisfied with the Office-holder's decision in relation to the creditor's proof (including any decision on the question of preference), the creditor may apply to the Court for the decision to be reversed or varied. The application must be made within 21 days of the creditor receiving the statement sent under paragraph 9(2) (Admission and rejection of proofs for dividend) of Part 3 (Creditors' claims) of this Schedule.
(2) A member, a contributory or any other creditor may, if dissatisfied with the Office-holder's decision admitting or rejecting the whole or any part of a proof, make such an application within 21 days of becoming aware of the Office-holder's decision.
(3) The Court will fix a venue for the application to be heard, notice of which must be sent by the applicant to the creditor who delivered the proof in question (if the applicant is not the creditor who delivered the proof in question) and the Office-holder.
(4) The Office-holder must, on receipt of the notice, file with the Court the relevant proof, together (if appropriate) with a copy of the statement sent under paragraph 9(2) (Admission and rejection of proofs for dividend) of Part 3 (Creditors' claims) of this Schedule.
(5) Where the application is made by a member or a contributory, the Court will not disallow the proof (in whole or in part) unless the member or the contributory shows that there is (or would be but for the amount claimed in the proof), or that it is likely that there will be (or would be but for the amount claimed in the proof), a surplus of assets to which the Company would be entitled.
(6) After the application has been heard and determined, the proof must, unless it has been wholly disallowed, be returned by the Court to the Office-holder.
(7) Office-holders are not personally liable for costs incurred by any person in respect of an application under this paragraph unless the Court otherwise orders.