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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 27 April 2017 at 13:15)
Part 80 Division 1
Division 1 Preliminary
1   Interpretation
cf Companies Rules, 1968, r 4.
In this Part, unless the contrary intention appears:
corporation has the same meaning as it has in section 5 (1) of the Code.
Companies Regulations means the Companies (New South Wales) Regulations.
liquidator includes a provisional liquidator.
officer in relation to a corporation, has the same meaning as it has in section 5 (1) of the Code.
prescribed newspaper means:
(i)  where the proceedings relate to a corporation the prescribed office of which is, or, where the corporation does not have a prescribed office, the principal place of business of which is, or the last known principal place of business of which was, situated within 50 kilometres of the General Post Office, Sydney—a daily newspaper circulating generally in Sydney,
(ii)  where the proceedings relate to any other corporation—a newspaper circulating generally in the district in which the prescribed office of the corporation is situated or, where the corporation does not have a prescribed office, in which the principal place of business of which is, or the last known principal place of business of which was, situated.
prescribed office means:
(a)  where the corporation is a company—its registered office for the purposes of section 528 (1) of the Code,
(b)  where the corporation is a recognised company or a recognised foreign company—its principal office for the purposes of section 529 (1) of the Code,
(c)  where the corporation is a registered foreign company—its registered office for the purposes of section 530 (1) of the Code.
the Code means the Companies (New South Wales) Code.
the Company means the company in respect of which any proceedings are taken in the Court under the Code.
Subject to any order of the Court and subject to Part 80A rule 2 and the Supreme Court (Corporations) Rules 1999, this Part applies, making such changes as it is necessary to make, to proceedings under the Corporations Law as it applies to proceedings under the Companies (New South Wales) Code.
1B   Corporations Law: affidavit (s 459E (3))
An affidavit referred to in Section 459E (3) of the Corporations Law must:
(a)  be made:
(i)  by the person serving the demand,
(ii)  where the demand is served by more than one person—by one of those persons,
(iii)  where the, or a, person serving the demand is a corporation—by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation, or
(iv)  where the person serving the demand is the Crown—by an officer of the Crown having knowledge of the facts so far as they are known to the Crown,
(b)  set out the facts entitling the deponent under paragraph (a) to make the affidavit,
(c)  state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,
(d)  state that the deponent believes those matters to be true, and
(e)  state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.
1C   Corporations Law: affidavit (s 459Q (c))
An affidavit referred to in Section 459Q (c) of the Corporations Law must:
(a)  be made:
(i)  by the plaintiff,
(ii)  where there is more than one plaintiff—by one of them,
(iii)  where the, or a, plaintiff is a corporation by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation, or
(iv)  where the plaintiff is the Crown—by an officer for the Crown having knowledge of the facts so far as they are known to the Crown,
(b)  set out the facts entitling the deponent under paragraph (a) to make the affidavit,
(c)  state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,
(d)  state that the deponent believes those matters to be true, and
(e)  state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.
1D   Corporations Law: affidavit (s 596C)
(1)  An affidavit referred to in section 596C of the Corporations Law must set out:
(a)  the facts relied on to establish that the applicant is an eligible applicant for the purposes of section 596B,
(b)  the facts relied on to establish the matters referred to in section 596B (1) (b), and
(c)  if production of books is to be required—the deponent’s belief that the books, the production of which is sought, are reasonably required for the purposes of the examination, and the grounds for that belief.
(2)  A summons under section 596A or 596B of the Corporations Law shall be in Form 154A.