Companies (Winding Up) Rules

Status:

Revised Edition
published on 25 Mar 1992

Companies Act

(CHAPTER 50, Section 410)

Companies (Winding Up) Rules

R 1

REVISED EDITION 1990

(25th March 1992)

[1st August 1969]

Citation

1.—(1) These Rules may be cited as the Companies (Winding Up) Rules.

Application of Rules

2. These Rules shall apply to the proceedings in every winding up under the Act of a company which commenced on or after the 29th December 1967, but shall not apply to any company or society of which the winding up had commenced before that date, and every such company or society shall be wound up in the same manner as if these Rules had not been made.

Definitions

2. In these Rules, unless the context otherwise requires —

“company” means a company which is being wound up or against which proceedings to have it wound up have been commenced;

“creditor” includes a corporation and a firm of creditors in partnership;

“filed” means filed in the Court;

“liquidator” includes a provisional liquidator;

“Official Receiver” includes an Assistant Official Receiver;

“proceedings” means the proceedings in the winding up of a company under the Act;

“Registrar” means the Registrar of the Supreme Court and includes a Deputy Registrar and an Assistant Registrar;

“sealed” means sealed with the seal of the Court;

“Taxing Master” means the Registrar or other officer of the Court whose duty it is to tax costs in the proceedings of the Court under its ordinary jurisdiction.

Use of forms

3.—(1) For the purpose of these Rules, the forms prescribed in the First Schedule where applicable, and where they are not applicable, forms of the like character, with such variations as circumstances may require, shall be used.

(2) Where such forms are applicable any costs occasioned by the use of any other forms not prescribed shall, unless the Court otherwise directs, be borne by the party using such other forms.

COURT AND CHAMBERS

Office of Registrar

4.—(1) All proceedings in the winding up of companies in the Court shall be attached to the Registrar, who shall, together with the necessary clerks and officers, and subject to the Act and these Rules, act under the general or special directions of the Judge.

(2) In every cause or matter within the jurisdiction of the Judge, whether by virtue of the Act or by transfer, or otherwise, the Registrar shall, in addition to his powers and duties under these Rules, have all the powers and duties assigned to him under section 62 of the Supreme Court of Judicature Act [Cap. 322].

Matters to be heard in Court and Chambers

5.—(1) The following matters and applications in Court shall be heard before the Judge in open Court:

(a)	petitions;
(b)	appeals to Court;
(c)	applications under section 343 of the Act;
(d)	applications for the committal of any person to prison for contempt;
(e)	applications to rectify the Register; and
(f)	such matters and applications as the Judge may from time to time by any general or special orders direct to be heard before him in open Court.

(2) Every other matter or application to the Court under the Act to which these Rules apply may be heard and determined in Chambers.

Applications in Chambers

6. Subject to the provisions of the Act and these Rules —

(a)	the Registrar may under the general or special directions of the Judge hear and determine any application or matter which under the Act or these Rules may be heard and determined in Chambers;
(b)	any matter or application before the Registrar may at any time be adjourned by him to be heard before the Judge either in Chambers or in Court; and
(c)	any matter or application may if the Judge or, as the case may be, the Registrar, thinks fit be adjourned from Chambers to Court, or from Court to Chambers.

Motions and summonses

7.—(1) Every application in Court other than a petition, shall be made by motion and shall be served on the party affected thereby not less than 8 days before the day named in the notice for hearing of the motion. An application for leave to serve short notice of motion shall be made ex parte.

(2) Every application in Chambers shall be in the Form 1 set out in the First Schedule, which, unless otherwise ordered, shall be served on every person against whom an order is sought, and shall require that person or persons to whom the summons is addressed to attend at the time and place named in the summons; and such summons shall be served not less than 8 days before the day named in the summons, unless in any case it shall be otherwise ordered.

[Form 1.]

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