3638

THE NEW ZEALAND GAZETTE.

[No. 84

(2) Where notice is given to the Bailiff of such an appointment, order, or resolution as is mentioned in paragraph (1) of this rule, he shall forthwith inform the Clerk, and the Clerk shall, after deducting the costs of the execution, on request pay over to the liquidator all moneys paid to him by the Bailiff in respect of the execution and not paid out by the Clerk before he has notice of the appointment, order, or resolution.

PETITION.

13. Every petition for the winding-up of a company by the Court, or subject to the supervision of the Court, shall be in forms Nos. 2 and 3 in the First Schedule hereto, with such variations as circumstances may require.

14. (1) A petition shall be presented at the registry of the Court in the Supreme Court district wherein the company’s registered office, or if there shall be no such registered office, then its principal or last known principal place of business is or was situate:

Provided that if there shall be two or more registries of the Court in such district then the petition shall be presented at such one of them as is most convenient of access from the place where the registered office, or principal or last known principal place of business, as the case may be, of the company is or was situate.

(2) The Registrar shall appoint the time and place at which the petition is to be heard. Unless the Court otherwise orders, the place for the hearing of the petition shall be the Supreme Court House in the town in which the petition is filed or, if there will be no Judge available in that town at the time to be appointed for the hearing of the petition, then in such other town as the Registrar appoints.

(3) Notice of the time and place appointed for hearing the petition shall be written on the petition and sealed copies thereof, and the Registrar may at any time before the petition has been advertised alter the time appointed and fix another time.

(4) It shall not be necessary to file or serve a motion paper for an order in terms of the petition.

15. (1) Every petition shall be advertised seven clear days before the hearing as follows:—

(a) In the case of a company whose registered office, or if there shall be no such office, then whose principal or last known principal place of business is or was situate within a town in which there is a registry of the Court, once in the Gazette, and once at least in one daily newspaper published in such town, or in such other newspaper as the Registrar directs:

(b) In the case of any other company, once in the Gazette, and once at least in one local newspaper circulating in the locality where the registered office, or principal or last known principal place of business, as the case may be, of such company is or was situate, or in such other newspaper as shall be directed by the Registrar.

(2) The advertisement shall state the day on which the petition was presented, and the name of the petitioner, and of his solicitor (if any), and the petitioner’s address for service, and shall contain a note at the foot thereof, stating that any person who intends to appear on the hearing of the petition, either to oppose or support, must send notice of his intention to the petitioner, or to his solicitor, within the time and in the manner prescribed by rule 20, and an advertisement of a petition for the winding-up of a company by the Court which does not contain such a note shall be deemed irregular.

(3) If the petitioner or his solicitor does not within the time hereby prescribed, or within such extended time as the Registrar may allow, duly advertise the petition in the manner prescribed by this rule the appointment of the time at which the petition is to be heard shall be cancelled by the Registrar and the petition shall be removed from the list unless the Court shall otherwise direct.

16. Every petition shall, unless presented by the company, be served upon the company at the registered office, if any, of the company, and if there is no registered office, then at the principal or last known principal place of business of the company, if any such can be found, by leaving a sealed copy with any member, officer, or servant of the company there, or in case no such member, officer, or servant can be found there, then by leaving a sealed copy at such registered office or principal place of business, or by serving it on such member, officer, or servant of the company as the Court may direct; and where the company is being wound up voluntarily, the petition shall also be served upon the liquidator (if any), appointed for the purpose of winding up the affairs of the company.

17. (1) Every petition for the winding-up of a company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit in form No. 8 or form No. 9. Such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by a corporation, by some director, secretary, or other principal officer thereof, and shall be sworn after and filed within seven days after the petition is presented, and such affidavit shall be sufficient prima facie evidence of the statements in the petition.