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12. Exclusion of proof by the Court

(1) The Court may exclude a proof or reduce the amount claimed —
(a) on the Office-holder's application, where the Office-holder thinks that the proof has been improperly admitted, or ought to be reduced; or
(b) on the application of a creditor, a member or a contributory, if the Office-holder declines to interfere in the matter.
(2) Where the application is made by a member or a contributory, the Court will not exclude a proof or reduce the amount claimed (in whole or in part) unless the member or the contributory shows that there is (or would be but for the amount claimed in the proof), or that there will be (or would be but for the amount claimed in the proof), a surplus of assets to which the Company would be entitled.
(3) Where application is made to the Court under sub-paragraph (1), the Court will fix a venue for the application to be heard, notice of which must be sent by the applicant —
(a) in the case of an application by the Office-holder, to the creditor who made the proof; and
(b) in the case of an application by a creditor, a member or a contributory, to the Office-holder and to the creditor who made the proof (if the applicant is not the creditor who made the proof).