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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 29 April 2017 at 15:40)
Part 80 Division 3
Division 3 Parts III–XI of the Code
9   Applications under ss 73, 118, 122, 123, 125, 133 and 175
cf CR 1968, r 29.
(1)  This rule applies to an application for an order under any of the provisions of the Code referred to in column 1 of the Table below:
Table
Column 1
Column 2
Provision
Description
73
Cancellation or alteration of the objects or powers of a company.
118
Confirmation of issue of shares at a discount.
122 (1)
Validation of issue or allotment of shares.
123 (5)
Confirmation of reduction of capital.
125 (4)
Cancellation, etc of variation or abrogation of rights of holders of special classes of shares.
133
Approving payment of interest out of capital
175 (5)
Confirmation of resolution to wind up scheme.
(2)  The matter in column 2 of the above Table is inserted for convenience or reference only and does not affect the operation of the rules.
(3)  Unless the Court otherwise orders, notice of an application to which this rule applies shall, not later than seven days before the date appointed for hearing, be published once in the Government Gazette and once in a prescribed newspaper.
(4)  The notice mentioned in subrule (3) shall:
(a)  in the case of an application for orders under section 123 (5) of the Code and for fixing a date under section 123 (3) (a) of the Code—be in Form 125, and
(b)  in any other case—be in Form 126.
(5)  Evidence in support of an application to which this rule applies shall include:
(a)  a statement of the statute under which the Company was incorporated,
(b)  a statement of the date of incorporation,
(c)  unless the Company is the plaintiff or has entered an appearance, proof of:
(i)  the address of its registered office at the date of search made under this subrule, being the latest address disclosed in a notice or annual return lodged with the Commission under section 84 (2) (b) (ia), section 85 (4) (fa), section 217 (1) or (3) or section 263 (1) of the Code,
(ii)  the date of lodgment of the notice or return disclosing that address,
as ascertained by search made not earlier than three days before:
(iii)  if the summons was served on the Company by post—the date of posting, or
(iv)  if the summons was served otherwise—the date of service,
(d)  unless the Company is the plaintiff, the capacity in which the plaintiff makes the application.
(6)  Rule 20 applies to an application to which this rule applies as it applies to an application for a winding up order under the Code.
10   Reduction of capital (s 123)
cf CR 1968, r 31.
(1)  This rule applies where, on an application for an order under section 123 (5) of the Code, the Court fixes a date under section 123 (3) (a) of the Code.
(2)  Within seven days after the date fixed under section 123 (3) (a) of the Code, the Company shall:
(a)  make out a list of creditors, and
(b)  file an affidavit in Form 127 verifying the list.
(3)  Copies of the list shall be kept at the registered office of the Company and be available for inspection there at all times when the office is required to be open and accessible to the public.
(4)  Within seven days after the date of filing the affidavit under subrule (2) (b), the Company shall:
(a)  publish once in the Government Gazette and once in a prescribed newspaper a notice in Form 126, and
(b)  serve on each creditor whose name is entered on the list mentioned in subrule (2) (a) a notice in Form 128.
(5)  Within seven days after the expiry of the time fixed by the Court for creditors to send particulars of their claims to the solicitor for the Company, the Company shall file an affidavit in Form 129.
(6)  Where the Company contends that a person is not entitled to be entered on the list or disputes the amount of a debt or claim claimed by a person, the Company shall, unless the Company is willing to appropriate, as the Court directs, the full amount of the debt or claim, serve on the person a notice in Form 130.
(7)  The Court may, on the adjudication of claims:
(a)  allow any claim and fix the amount allowed,
(b)  direct that any claim be investigated in such manner as the Court thinks fit,
(c)  require any claimant to furnish particulars or evidence of his claim or produce any security relating to his claim, or
(d)  disallow any claim.
(8)  Where a claimant does not comply with a notice served on him under subrule (6), the Court may disallow his claim.
(9)  In subrules (7) and (8), claim includes part of a claim.
11   Reduction of capital: appointment for hearing (s 123)
cf CR 1968, r 32.
Where the Court settles the list under section 123 (3) (b) of the Code, the Court shall appoint a date for hearing of the proceedings on the application for the order under section 123 (5) of the Code.
12   Registration of transfer of shares etc (s 184)
(1)  An application to the Court for an order for the issue of a summons under section 184 (3) of the Code may be made without serving the summons by which the application is made on any person.
(2)  A summons under section 184 (3) of the Code may be in Form 131.
13   (Repealed)
14   Compromise with creditors etc (ss 315, 317)
cf CR 1968, r 23 (i).
(1)  An application for relief under a subsection of section 315 of the Code, (which section relates to a compromise with creditors etc) other than under subsection (1) of that section, shall be made by motion in the proceedings on the application for the order under subsection (1) of that section.
(2)  Rule 9 applies to an application for an order under section 315 (4) or section 317 (1) of the Code as it applies to an application for an order under the provisions of the Code mentioned in rule 9 (1).
(3)  The Court may, on the application of any person whose rights are affected by a compromise or arrangement approved under section 315 (4) of the Code, fix or review the remuneration of the person appointed to administer the compromise or arrangement.
15   Oppression or injustice (s 320 (2))
Rules 18, 19, 20, 21 and 22 apply to an application for an order under section 320 (2) of the Code as they apply to an application for an order under section 364 (1) of the Code and as if for the reference in rule 18 (3) (e) to a paragraph of section 364 (1) of the Code there were a reference to a subparagraph of section 320 (1) (a) of the Code.
16   Release of official manager (s 355)
cf CR 1968, r 216.
A person applying for an order under section 355 (19) or section 355 (20) of the Code shall give notice of his application:
(a)  to every creditor who has proved his debt, and
(b)  to any creditor mentioned in the report referred to in section 335 (4) of the Code who has not proved his debt.