The right to be heard on a liquidator's ex parte application for court approval of a litigation funding agreement depends on the existence in fact of a relevant right, interest or expectation that would or might be affected by the order. There is no freestanding right to be heard. The Court, the committee of inspection and the general body of creditors are alternative approving authorities under s 477(2B), and where a liquidator obtains court approval, there is no requirement to consult the COI or creditors. Individual COI members without a collective decision of the committee lack standing to challenge such orders. Pending removal proceedings against the liquidator do not of themselves confer a special interest entitling the applicant to be heard on the funding application.
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