5.—(1) The chairman of a meeting must, at least 28 days before the meeting —
(a)
complete the adjudication of all proofs of debt filed by creditors for the purposes of voting at the meeting; and
(b)
send in writing the results of the adjudication of the proofs of debts to every creditor who has filed a proof of debt for the purposes of voting at the meeting.
(2) The results of the adjudication mentioned in paragraph (1)(b) must list —
(a)
every creditor who has filed a proof of debt for the purposes of voting at the meeting;
(b)
the amount claimed under the proof of debt; and
(c)
the amount (if any) of the proof of debt admitted, and the amount (if any) rejected, by the chairman.
(3) If the company or any creditor who has filed a proof of debt for the purposes of voting at the meeting objects to the results of the adjudication of any proof of debt by the chairman (called in this regulation the opposing party), the opposing party may, not later than 14 days before the meeting —
(a)
send a written request, seeking agreement for the appointment of an independent assessor, to —
(i)
the company, unless the opposing party is the company;
(ii)
the chairman; and
(iii)
the creditor whose proof of debt will be affected by the decision of the independent assessor, unless the opposing party is that creditor; or
(b)
make an application to the Court for the appointment of an independent assessor under section 211F(9)(b) of the Act.
(4) The written request mentioned in paragraph (3)(a) and the application mentioned in paragraph (3)(b) must nominate a person to be appointed as the independent assessor and state the dispute that the independent assessor (if appointed) is to adjudicate.
(5) Where an application for the appointment of an independent assessor is made to the Court by the opposing party, the opposing party must, immediately upon the making of the application, send a written notice of the application to —
(a)
the company, unless the opposing party is the company;
(b)
the chairman; and
(c)
the creditor whose proof of debt will be affected by the decision of the independent assessor, unless the opposing party is that creditor.