Commentary on Sections Right of judicial factor to require determination as regards decision of Accountant
98.Section 48 gives judicial factors a right to apply to the court which appointed them for a determination in relation to any decision that the Accountant has made in relation to the judicial factory. Essentially this is a right for the judicial factor to appeal such decisions to the court. Subsection (2) restricts the decisions in relation to which the judicial factor can make an application, by excluding decisions to dismiss an objection made in relation to an audit, under section 44(3), since section 44(4) already gives the judicial factor power to require the Accountant to refer such objections to the court. Decisions that the Accountant makes in relation to the amount or frequency of remuneration of the judicial factor are also excluded, since judicial factors already have a right of appeal by virtue of section 11(6). Subsection (3) provides that there is no right of appeal, by either the judicial factor or the Accountant, in respect of any decision made by the court following a referral made under this section.