Pre-administration costs (rule 3.52)
49. Rule 3.52 has effect as if, for that rule, there were substituted—
“Pre-special administration costs (rule 3.52)
3.52.—(1) Where the special administrator has made a statement of pre-special administration costs under rule 3.35(10)(a), the special administrator must apply to the court for a determination as to whether, and to what extent, the unpaid pre-special administration costs are approved for payment.
(2) The special administrator must deliver at least 14 days’ notice of an application under paragraph (1) to such 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 at the application.
(3) The court may, if it appears to be a proper case, order the costs of the application, including the costs of any creditor appearing or being represented, to be paid as an expense of the special administration.”.