Nov. 20.] THE NEW ZEALAND GAZETTE. 3637

COURT AND CHAMBERS.

5. (1) The following matters and applications shall be heard in open Court:—
   (a) Petitions:
   (b) Appeals to the Court from the Controller and Auditor-General, and from the Official Assignee when acting as Official Assignee and not as liquidator:
   (c) Applications for the release of liquidators under section 198 of the Act:
   (d) Applications for orders declaring the dissolution of companies to be void under section 281 of the Act:
   (e) Applications for the committal of any person to prison for contempt:
   (f) Such matters and applications as the Court may from time to time by any general or special orders direct to be heard in open Court.
   (2) Examinations of persons summoned before the Court under section 214 of the Act shall be held in Court or in Chambers as the Court may think fit.
   (3) Every other matter or application under the Act to which the rules apply may be heard and determined in Chambers.

PROCEEDINGS.

6. (1) Every proceeding in a winding-up matter shall be dated, and shall, with any necessary additions, be intituled in the matter of the Companies Act, 1933, and in the matter of the company to which it relates, and otherwise as in form No. 1 in the First Schedule hereto. Numbers and dates may be denoted by figures.
   (2) The first proceeding in every winding-up matter shall have a distinctive number assigned to it in the registry, and all proceedings in any matter subsequent to the first proceeding shall bear the same number as the first proceeding.

7. Every order, whether made in Court or in Chambers, in the winding-up of a company shall be drawn up as provided by the Code of Civil Procedure, unless in any proceeding, or classes of proceedings, the Judge or Registrar who makes the order shall direct that no order need be drawn up. Where a direction is given that no order need be drawn up, the note or memorandum of the order, signed or initialled by the Judge or the Registrar making the order, shall be sufficient evidence of the order having been made.

8. All petitions, affidavits, summonses, orders, proofs, notices, depositions, bills of costs, and other proceedings in the Court in a winding-up matter shall be kept and remain of record in the registry and, subject to the directions of the Court, shall be placed in one continuous file.

9. Every person who has been a director or officer of a company which is being wound up, and every duly authorized officer of the Department of Justice, the Audit Office, or the Stamp Duties Office, shall be entitled, free of charge, and every contributory and every creditor whose claim or proof has been admitted, shall be entitled on payment of the prescribed fee, at all reasonable times, to inspect the file of proceedings and to take copies or extracts from any document therein, or be furnished with such copies or extracts on payment of the prescribed fee.

10. Where, in the exercise of his functions under the Act or rules, the Official Assignee requires to inspect or use the file of proceedings the Registrar shall (unless the file is at the time required for use in Court or by him) on request, transmit the file of proceedings to the Official Assignee.

SERVICE, AND EXECUTION OF PROCESS.

11. (1) All notices, summonses, and other documents, other than those of which personal service is required, may be sent by prepaid post letter to the last known address of the person to be served therewith; and the notice, summons, or document shall be considered as served at the time that the same ought to be delivered in the due course of post by the Post Office, and notwithstanding that the same may be returned by the Post Office. In cases to which any rule of the Code of Civil Procedure applies service may be effected either in accordance with that rule or in accordance with this rule.
    (2) No service shall be deemed invalid by reason that the name, or any of the names other than the surname of the person to be served, has been omitted from the document containing the person’s name, provided that the Court is satisfied that in other respects the service of the document has been sufficient.

12. (1) Payment by the Bailiff of a Magistrate’s Court to the Clerk of the Court, pursuant to the Magistrates’ Courts Rules for the time being in force, of any money seized or received by the Bailiff in part satisfaction of an execution against the goods of a company shall be a good discharge to him as against the liquidator under section 263 (1) of the Act, provided that the payment is made without notice that a provisional liquidator has been appointed or that an order has been made or a resolution passed for the winding-up of the company.

Matters to be heard in Court and Chambers. Imp. r. 5

Title of proceedings. Imp. r. 11
Form 1

Orders. Imp. r. 15

File of proceedings in Court. Imp. r. 16

Inspection of file. Imp. r. 19 ; 1929 Amdt. r. 1

Use of file by Official Assignee. Imp. r. 20

Service. Imp. r. 23

As to goods taken in execution by Bailiff in Magistrate’s Court. Imp. r. 22A