A voluntary administration timed to invoke the s 440D stay and stifle pending litigation, where the company is dormant with no prospect of rehabilitation, creditor voting is controlled by the director and associates, and the administration would forestall scrutiny of insolvent trading, constitutes an abuse of Part 5.3A provisions warranting termination under s 447A(2)(b). The concept of abuse in s 447A(2)(b) is akin to abuse of process — use of the procedure for a purpose essentially foreign to the purpose it is designed to serve. Where administration is terminated and winding up ordered, a liquidator other than the administrator should be appointed to ensure independent review.
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