Section 588T — Corporations Act 2001: When creditor may sue for compensation without liquidator’s consent

(1) This section applies where a notice is given under section 588S. (2) The creditor may begin proceedings in a court under section 588M in relation to the incurring by the company of the debt, or the making by the company of the disposition, specified in the notice if: (a) as at the end of 3 months after the liquidator receives the notice, he or she has not consented to the creditor beginning such proceedings; and (b) on an application made after those 3 months, the court has given leave for the proceedings to begin. (3) If: (a) during those 3 months, the liquidator gives to the creditor a written statement of the reasons why the liquidator thinks that such proceedings should not be begun; and (b) the creditor applies for leave under paragraph (2)(b); then: (c) the creditor must file the statement with the court when so applying; and (d) in determining the application, the court is to have regard to the reasons set out in the statement.