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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 24 October 2017 at 04:08)
Part 80 Division 2
Division 2 Proceedings under the Code generally
2   Commencement of proceedings
(1)  Proceedings in the Court on an application for relief under the Code shall be commenced by summons.
cf CR 1968, r 23.
(2)  Nothing in subrule (1) prevents an application for relief under the Code being made by motion in existing proceedings.
3   Additions above title
cf CR 1968, r 7.
A summons in proceedings for relief under the Code shall bear, above the title, a reference to the name of the corporation to which the proceedings relate together with “and the Companies Code”.
4   Directing notice of any application etc
cf CR 1968, r 22 (a).
(1)  The Court may, at any stage of proceedings under the Code, direct that notice of anything be given to any person or that any document be served on any person and give such further directions with respect to those matters or documents as it thinks fit.
(2)  This rule does not limit any other powers of the Court.
5   Leave to creditor etc to be heard etc
(1)  In any proceedings under the Code, the Court may, on terms, grant to any person who is, or claims to be, a creditor, contributory or officer of the company or an officer of a creditor or contributory of the company, leave to be heard in the proceedings without becoming a party, and may at any time revoke leave so granted.
(2)  In any proceedings under the Code, the Court may, on terms, order that any person who is or claims to be a creditor, contributory or officer of the company be added as a defendant, and make orders for the further conduct of the proceedings.
(3)  Leave may be granted to a person under subrule (1) and an order may be made adding a person under subrule (2) on application by the person or by any party or of the Court’s own motion.
(4)    (Repealed)
6   (Repealed)
7   Inquiry as to creditors
cf CR 1968, r 14, 22 (c).
(1)  The Court may direct an inquiry as to any debts, claims or liabilities or class thereof of or affecting any corporation to which any proceedings under the Code relate.
(2)  Where the Court directs an inquiry under subrule (1), rule 10 applies, with the necessary modifications, as it applies where the Court directs that a list of creditors be settled.
8   Registrar furnishing copy of summons etc
cf CR 1968, r 17 (5).
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 Company, an office copy of the summons and affidavits which are in the custody of the registrar and are filed by by the plaintiff in support of an application for the winding up of the Company.