Nov. 20.] THE NEW ZEALAND GAZETTE. 3639

(2) Rule 415 of the Code of Civil Procedure shall not apply to a petition for the winding-up of a company.

18. Every contributory or creditor of the company shall be entitled to be furnished by the solicitor of the petitioner with a copy of the petition, within twenty-four hours after requiring it, on paying at the rate of 6d. per folio of seventy-two words for such copy.

Copy of petition to be furnished to creditor or contributory. Imp. r. 30

PROVISIONAL LIQUIDATOR.

19. (1) After the presentation of a petition, upon the application of a creditor, or of a contributory, or of the company, and upon proof by affidavit of sufficient ground for the appointment of a provisional liquidator, the Court, if it thinks fit and upon such terms as in the opinion of the Court shall be just and necessary, may make the appointment.

Appointment of provisional liquidator. Imp. r. 31

(2) The order appointing the provisional liquidator shall bear the number of the petition, and shall state the nature and a short description of the property of which the provisional liquidator is ordered to take possession, and the duties to be performed by the provisional liquidator.

Form 10

(3) Subject to any order of the Court, if no order for the winding-up of the company is made upon the petition, or if an order for the winding-up of the company on the petition is rescinded, or if all proceedings on the petition are stayed, or if an order is made continuing the voluntary winding-up of the company subject to the supervision of the Court, the provisional liquidator shall be entitled to be paid, out of the property of the company, all the costs, charges, and expenses properly incurred by him as provisional liquidator, including such sum as is or would be payable under the scale of fees for the time being in force where the Official Assignee is appointed provisional liquidator, and may retain out of such property the amounts of such costs, charges, and expenses.

(4) Where any person other than the Official Assignee has been appointed provisional liquidator and the Official Assignee has taken any steps for the purpose of obtaining a statement of affairs or has performed any other duty prescribed by these rules the provisional liquidator shall pay the Official Assignee such sum, if any, as the Court directs.

HEARING OF PETITIONS AND ORDERS MADE THEREON.

20. Every person who intends to appear on the hearing of a petition shall serve on, or send by post to, the petitioner, or his solicitor, at the address for service stated in the advertisement of the petition, notice of his intention. The notice shall contain the address for service of such person, and shall be signed by him or by his solicitor, and shall be served, or, if sent by post, shall be posted in such time as in ordinary course of post to reach the address not later than four o’clock in the afternoon of the day previous to the day appointed for the hearing of the petition, or, if such day be a Monday, not later than eleven o’clock in the morning of the Saturday previous to such day. The notice shall be in form No. 11 with such variations as circumstances may require. A person who has failed to comply with this rule shall not, without the special leave of the Court, be allowed to appear on the hearing of the petition.

Notice by persons who intend to appear. Imp. r. 33

Form 11

21. The petitioner or his solicitor shall prepare a list of the names and addresses of the persons who have given notice of their intention to appear on the hearing of the petition, and of their respective solicitors, which shall be in form No. 12. On the day appointed for hearing the petition a fair copy of the list (or if no notice of intention to appear has been given a statement in writing to that effect) shall be filed in the registry at the place of hearing by the petitioner or his solicitor prior to the hearing of the petition.

List of names and addresses of persons who appear on the petition. Imp. r. 34

Form 12

22. (1) Affidavits in opposition to a petition that a company may be wound up by or subject to the supervision of the Court shall be filed within seven days of the date on which the affidavit verifying the petition is filed.

Affidavits in opposition and reply. Imp. r. 35

(2) An affidavit in reply to an affidavit filed in opposition to a petition shall be filed within three days of the date on which a copy of such affidavit is received by the petitioner or the solicitor of the petitioner.

23. When a petitioner is not entitled to present a petition, or whether so entitled or not, where he (a) fails to advertise his petition within the time by these rules prescribed or such extended time as the Registrar may allow, or (b) consents to withdraw his petition, or to allow it to be dismissed, or the hearing to be adjourned, or fails to appear in support of his petition when it is called on in Court on the day originally fixed for the hearing thereof, or on any day to which the hearing has been adjourned, or (c) if appearing, does not apply for an order in the terms of the prayer of his petition, the Court may, upon such terms as it may think just, substitute as petitioner any creditor or contributory who in the opinion of the Court would have a right to present a petition, and who is desirous of prosecuting the petition. An order to substitute a petitioner may, where a petitioner fails to advertise his petition within the time prescribed by these rules or consents to withdraw his petition, be made in Chambers at any time.

Substitution of creditor or contributory for withdrawing petitioner. Imp. r. 36