A liquidator's prior appointment as voluntary administrator and deed administrator by a board controlled by the principal secured creditor, recommendation of a DOCA that principally served that creditor's interests, and opposition to termination of the DOCA, do not of themselves establish that a fair-minded observer might reasonably apprehend a lack of independence or impartiality sufficient to disqualify the liquidator from appointment. The question whether the [name withheld] 'double might' test differs materially from the 'seen to be independent' test for liquidators was expressly left open.
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