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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 March 2017 at 06:00)
Part 80A Division 2
Division 2 Proceedings generally
5   Additional powers of the Court
Without limiting its other powers, the Court may at any time in proceedings, on application by a party or of its own motion:
(a)  direct that notice of any matter be given by advertisement or otherwise to any person or class of persons,
(b)  direct that a document be served on any person,
(c)  grant to any person who is or claims to be a creditor, contributory or officer of a subject corporation, or an officer of such a creditor or contributory, leave to be heard without becoming a party,
(d)  revoke, or vary the terms and conditions of, any such leave,
(e)  order that any person who is or claims to be a creditor, contributory or officer of a subject corporation be added as a defendant,
(f)  appoint any creditor or contributory of a subject corporation to represent, at the expense of that corporation, all or any class of creditors or contributories of that corporation for the purpose of the proceedings or any part of them, and
(g)  revoke, or vary the terms and conditions of, any such appointment.
6   (Repealed)
7   Inquiry as to creditors etc
(1)  The Court may direct an inquiry as to any debts, claims or liabilities or any class of debts, claims or liabilities of a subject corporation.
(2)  Where the Court directs an inquiry under subrule (1), subject to any further direction of the Court, rule 13 applies with such modifications as may be necessary as though settlement of a list of creditors was required.
8   Registrar furnishing copy of summons etc
The registrar shall, upon payment of the fee (if any) fixed under the Act, furnish to any person claiming to be a contributory, creditor or officer of the subject corporation, an office copy of the summons and affidavits which are in the custody of the registrar and are filed by the plaintiff in support of an application for the winding up of the subject corporation.
9   Notice of intention to appear
(1)  Any person who intends to appear on the hearing of an application, notice of which has been advertised under this Part, who is not already a party, must, not later than 2 days before the date appointed for the hearing:
(a)  file a notice of appearance which must include:
(i)  a statement of the relationship of the person to the subject corporation, and
(ii)  a statement that the person intends to support or oppose the application, as the case may be, and
(b)  serve the notice of appearance on the plaintiff and on each other party of whose address for service the person has notice.
(2)    (Repealed)