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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 04:04)
Part 80A Division 6A
Division 6A Remuneration of receiver, administrator and special manager
13A   Remuneration of receiver (s 425 (1))
(1)  The summons or notice of the motion, by which application is made by a receiver for an order fixing his or her remuneration under section 425 (1), must not be filed until the expiration of 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on:
(a)  the person who appointed the receiver,
(b)  any other creditor holding security over all or any of the same property,
(c)  any liquidator or provisional liquidator of the subject corporation,
(d)  any administrator of the subject corporation,
(e)  any administrator of a deed of company arrangement executed by the subject corporation, and
(f)  if there is no person of the kinds referred to in (c), (d) and (e):
(i)  each of the 5 largest unsecured creditors of the subject corporation, and
(ii)  each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(2)  Any creditor or contributory or any of the persons referred to in paragraphs (c), (d) and (e) of subrule (1) may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(3)  Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (1) (b), and
(b)  stating that he or she has received no notice of objection to the remuneration claimed,
and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(4)  The summons or notice of motion must be served on any creditor or contributory or other person who has given notice of objection under subrule (2).
(5)  The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the receiver, any matters delaying the completion of the receivership.
13B   Remuneration of administrator (s 449E (1))
(1)  The summons or notice of the motion, by which application is made for an order fixing an administrator’s remuneration under section 449E (1), must not be filed until the expiration of:
(a)  28 days after the date when a meeting of creditors referred to in section 449E (1) was last held, and
(b)  21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on:
(i)  each creditor who was present in person or by proxy at the meeting of creditors,
(ii)  each member of any committee of inspection, and
(iii)  each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(2)  Any creditor or contributory may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(3)  Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (1) (b), and
(b)  stating that he or she has received no notice of objection to the remuneration claimed,
and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(4)  The summons or notice of motion must be served on any creditor or contributory who has given notice of objection under subrule (2).
(5)  The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the administrator, any matters delaying the completion of the administration.
13C   Remuneration of special manager (s 484 (2))
(1)  The summons or notice of the motion, by which application is made by a special manager for an order fixing his or her remuneration under section 484 (2), must not be filed until the expiration of 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on:
(a)  the liquidator,
(b)  each member of any committee of inspection, or if there is no committee of inspection, each of the 5 largest creditors of the subject corporation, and
(c)  each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(2)  The liquidator or any creditor or contributory may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(3)  Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (1) (b), and
(b)  stating that he or she has received no notice of objection to the remuneration claimed,
and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(4)  The summons or notice of motion must be served on the liquidator or any creditor or contributory who has given notice of objection under subrule (2).
(5)  The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the special manager, any matters delaying the completion of the special management.