5. Remuneration: recourse by administrator or liquidator to the Court

(1) If the basis of —
(a) the remuneration of an administrator has been fixed —
(i) by the creditors' committee, the administrator has requested that the amount be increased or the basis changed by resolution of the creditors, but the creditors have not changed it; or
(ii) by resolution of the creditors; or
(b) the liquidator's remuneration has been fixed —
(i) by the creditors' committee, the liquidator has requested that the amount be increased or the basis changed by resolution of the creditors, but the creditors have not changed it;
(ii) by resolution of the creditors;
(iii) under paragraph 3(4) or (9) (Remuneration: procedure for initial determination) of this Schedule; or
(iv) in a members' voluntary winding-up, by the Company in general meeting,
and the Office-holder considers an amount fixed to be insufficient or basis fixed to be inappropriate, the Office-holder may apply to the Court for an order increasing the amount or changing the basis.
(2) If the administrator of a Company has made a statement under Section 61(6)(b) (Requirement for initial creditors' meeting), the basis of his remuneration has been fixed by the approval of creditors in accordance with paragraph 4(2) (Remuneration: recourse by administrator or liquidator to creditors) of this Schedule and he considers an amount fixed to be insufficient or basis fixed to be inappropriate, he may apply to the Court for an order increasing the amount or changing the basis.
(3) Where an application is made under sub-paragraph (2), the administrator of a Company must deliver notice to each of the creditors whose approval was sought under paragraph 4(2) (Remuneration: recourse by administrator or liquidator to creditors) of this Schedule.
(4) The administrator of a Company or liquidator (except in a members' voluntary winding-up) must deliver at least 14 days' notice of the application to the members of the creditors' committee and the committee may nominate one or more members to appear, or be represented, and to be heard on the application.
(5) If there is no creditors' committee or in the case of an administrator of a Deed of Company Arrangement, the Office-holder's notice of the application must (except in a members' voluntary winding-up) be delivered to such one or more of the Company's creditors as the Court may direct, and those creditors may nominate one or more of their number to appear or be represented.
(6) In a members' voluntary winding-up, the liquidator must deliver at least 14 days' notice of the application to the Company's contributories, or such one or more of them as the Court may direct and the contributories may nominate one or more of their number to appear, or be represented, and to be heard on the application.
(7) The Court may, if it appears to be a proper case (including in a members' voluntary winding-up), order the costs of the Office-holder's application, including the costs of any member of the creditors' committee appearing or being represented on it, or of any creditor or contributory so appearing or being represented, to be paid as an expense of the administration or liquidation or an expense for the purposes of the Deed of Company Arrangement, as the case may be.