(3) No action or proceeding to which subsection (1) or (2) or to which Part 12 applies whether substantive or interlocutory in nature, shall be determined and no order shall be made or granted by the Court, including any injunction that shall have the effect of preventing the exercise of or restoring to a person any rights, duties, obligations or powers, or preserving the exercise of or restoring to a person any rights, duties, obligations or powers, or preserving, granting custody or, detaining or inspecting any property, unless the applicant shall first satisfy the Court by affidavit that—
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(a) the action or proceedings has been commenced in accordance with subsection (1) or (2);
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(b) where the action or proceeding shall allege fraud or be founded upon some other action or proceeding alleging fraud, that the determination or order sought would not be contrary to the provisions of Part 12 of this Act; and
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(c) that the requirements of section 43 have been fulfilled.