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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 22 August 2017 at 05:34)
Part 80 Division 5
Division 5 Part XIV of the Code (miscellaneous)
59   Security for costs: plaintiff corporation (s 533)
cf CR 1968, r 3 (3).
Where a proceeding referred to in section 533 of the Code (which section relates to a plaintiff corporation giving security for costs) has been commenced in a Division, an application under that section may be made by motion in those proceedings in that Division.
60   (Repealed)
61   Appeal from liquidator etc (s 538)
cf CR 1968, r 39.
A person mentioned in section 538 (a), (b), (c) or (d) may, on application in writing made to him before the expiration of the time (other than the time extended by the Court) for instituting an appeal from his act, omission or decision, grant, by notice in writing, an extension of that time and where he does so, he shall deliver the notice to the applicant who shall file the notice with the summons instituting the appeal.
61A   Irregularities (s 539)
Subject to any direction of the Court, an application for an order under section 539 of the Code in or for the purposes of or in relation to any proceedings in the Court may be made by motion in those proceedings.
62   Examination of person concerned with corporation (s 541)
cf CR 1968, r 119–126.
(1)  This rule applies to proceedings on an application to the Court for an order under section 541 (3) of the Code.
(2)  The summons by which the application is made shall be served:
(a)  where a liquidator has been appointed, unless he is the applicant—on the liquidator, and
(b)  unless the Commission is the applicant—on the Commission,
and need not be served on any other person unless the Court so directs.
(3)  The applicant shall, when making the application, lodge in the registry a draft minute in Form 154 of the order sought.
(4)  A minute of the order made shall be served personally on the person who is to be examined and shall be served, where the liquidator is the applicant, on the Commission and, where the Commission is the applicant, on the liquidator.
(5)  The applicant shall publish once in the Government Gazette and once in a prescribed newspaper, notice of the time and place appointed for the holding of an examination but not, unless the Court so orders, for the holding of an adjourned examination.
(6)  Where the Court makes an order under section 541 (13) of the Code, the written record, signed if so required by the Court under that subsection, shall be filed in the registry.
(6A)  Where:
(a)  the examination of a person under section 541 of the Code is held wholly or partly in public, and
(b)  a written record or transcript of the questions put to the person and the answers given by the person at the examination is filed in the registry,
the registrar shall, upon application by the person made within 3 years of the date of the conclusion of the examination and payment of the prescribed fee, furnish to the person a copy of the written record or transcript of such part of his examination as is held in public.
(7)  A transcript is authenticated under section 541 (14) of the Code by a certificate by the person who made the transcript certifying it to be a correct record of the examination.
(8)  A written record or transcript of an examination under section 541 of the Code shall not, except with the leave of the Court, be open to inspection by any person.
(9)  Subrule (8) does not apply to the liquidator or any person authorised by the Commission.
(10)  Where the examination is held before a court other than the Court, the powers of the Court under this rule may be exercised by that other court.
63   Default in relation to an examination
cf CR 1968, r 127 (2).
(1)  Where a registrar constitutes the Court for the purpose of an examination under section 541 of the Code and a person (the person in default) refuses or fails to do anything mentioned in section 541 (7), (8) or (9) of the Code, he shall, at the request of any person who took part in the examination, give to that person a certificate, signed by him, of the refusal or failure.
(2)  The Court may, upon the certificate being filed and on motion by any party, order the person in default:
(a)  to do the thing, and
(b)  to pay any costs occasioned by his refusal or failure.