A company (or its controllers) that obtains benefits from a voluntary administration on the footing that the administrator's appointment is valid — including by entering into a deed of company arrangement — is precluded by the doctrine of approbate and reprobate from later asserting the invalidity of the appointment to resist the administrator's remuneration claim. An ad valorem basis for fixing administrator remuneration by reference to the value of admitted proofs of creditors (rather than realisations or distributions) lacks logical justification and is susceptible to variation on review. The question whether the doctrine of approbate and reprobate exists as an independent doctrine outside the categories of election was expressly left open.
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