Application for examination under section 285 of Act
49. An application to the Court to summon persons for examination under section 285 of the Act shall be made ex parte and may be made by the liquidator or any creditor or contributory. If made by a creditor or contributory the summons and affidavit in support thereof shall be served on the liquidator.
Application for public examination under section 286 of Act
50. An application for an order for a public examination under section 286 of the Act may be made ex parte by the liquidator.
Application for examination under section 313 of Act
51. An application for an order for the examination of the liquidator or other persons under section 313 of the Act may be made ex parte by the Official Receiver, the Registrar of Companies or any creditor or contributory and shall be supported by affidavit.
Attendance of liquidator or Official Receiver under section 285 of Act
52. The liquidator or the Official Receiver may attend in person or by counsel or solicitor at any examination of a witness under section 285 of the Act and he or his counsel or solicitor may take notes of the examination for his use, and put such questions to the persons examined as the Court may allow.
Application for appointment
53.—(1) Upon an order directing a person to attend for public examination being made under section 286 of the Act in Form 23 set out in the First Schedule, the liquidator shall apply ex parte for the appointment of a day on which the public examination is to be held. Such order may be in Form 24 set out in the First Schedule.
Notice of appointment to examine
(2) The liquidator or his solicitor shall cause a notice of the day and place appointed for holding the public examination in Form 25 set out in the First Schedule to be served on the person to be examined.
Notice of appointment to creditors and contributories
54.—(1) The liquidator shall give notice of the public examination to the creditors and contributories by gazetting and advertising a notice of the time and place appointed for holding the examination.
(2) Where an adjournment of the public examination has been directed, notice of the adjournment shall not, unless otherwise directed by the Court, be published in the Gazette or advertised.
Examinations under section 285 or 286 of Act
55. Where an order has been made for a private examination under section 285 of the Act or for a public examination under section 286 of the Act —
(a)
the examination shall be held in Chambers or before a District Judge if the Court so directs, and in the case of an examination under section 285 of the Act he may order that the examination not be held in open Court and not be open to the public;
(b)
the Court may either in the order for examination or by such subsequent order give directions as to the matters on which any person is to be examined;
(c)
if a person examined before a District Judge fails or refuses to answer to the satisfaction of the District Judge any question which the District Judge may allow to be put, the District Judge may in respect of such failure or refusal exercise any powers which the Court might have exercised had the failure or refusal been made in an examination before the Court;
(d)
where on an examination held before a District Judge he considers the examination is unnecessarily protracted, or for any other sufficient cause, he may adjourn the examination of any person so that the examination may be held before the Court.
Shorthand notes of examination
56.—(1) If the Court or person before whom any examination under the Act or these Rules is directed to be held considers that it would be desirable that a person, other than the person before whom an examination is taken, should be appointed to take down in shorthand or otherwise record the evidence of any person examined, it shall be competent for the Court or person before whom the examination is taken to make the appointment.
(2) The person at whose instance the examination is taken shall nominate a person for the purpose as in Form 26 set out in the First Schedule and the person so nominated shall be appointed unless the Court or person holding the examination shall otherwise direct.
(3) Every person so appointed shall be paid by the person at whose instance the appointment was made or out of the assets of the company as may be directed by the Court.
Filing of notes of deposition
57.—(1) The notes of the depositions of a person examined under section 285 of the Act, whether before the Court or before any person appointed to take such examination, shall be filed, but shall not be open to the inspection of any creditor, contributory, or other person, except the liquidator or his solicitor, unless the Court shall so direct, and the Court may from time to time give such general or special directions as it shall think expedient as to the custody and inspection of such notes and the furnishing of copies of or extracts therefrom.
(2) The notes of the depositions of a person examined under section 286 of the Act shall be in Form 27 or Form 28 set out in the First Schedule and shall be filed and shall be open to the inspection of the liquidator and of any creditor or contributory.
Failure to attend or absconding warrant for arrest
58. If any person who has been directed by the Court to attend for public examination fails to attend at the time and place appointed and no good cause is shown by him for such failure or, if before the day appointed for the examination the liquidator satisfies the Court that such person has absconded or that there is reason for believing that he is about to abscond with a view to avoiding examination, it shall be lawful for the Court, upon proof to its satisfaction that notice of the order and of the time and place appointed for attendance at the public examination was duly served, without any further notice, to issue a warrant in Form 29 set out in the First Schedule for the arrest of the person required to attend, or to make such other order as the Court shall think just.