Where a creditor is excluded from the administration process due to the director's failure to disclose litigation and the administrator's failure to investigate known litigation, multiple grounds under s 445D(1) may be established simultaneously. The court will exercise its discretion to terminate a deed of company arrangement where the public interest requires investigation of the company's affairs, particularly where related party creditor status is questionable and there are potential insolvent trading claims. Continuing to engage in litigation while insolvent may constitute 'incurring a debt' for s 588G(1) purposes.
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