Ms Tara Keane:

It was considered previously. We thought it was an unfair balance because when we are talking about creditors, we are often talking about other small companies and perhaps unsophisticated creditors who would not be used to a court process. We felt that to impose a significant penalty on them for raising what could be a valid objection just did not fit in with the overall procedural fairness and robustness of the process, and that it would be disproportionate for them to bear the burden of cost. Also, in examinership, it is for the company and the examiner to prove to the court that the rescue plan is fair, that it is not unfairly prejudicial to any creditor and that the same burden of proof should apply in the SCARP, the small company administrative rescue process.