3644

THE NEW ZEALAND GAZETTE.
[No. 84

Use of depositions taken at public examinations.
Imp. r. 69

under subsection (4) of section 268 of the Act: Provided that the Judge may direct that such applications or any of them shall be heard in the first instance and reported on by any Registrar of the Court.

(2) Where any order has been made under the said section or subsection any application for leave arising out of such order shall be made in the winding-up of the company in relation to which such order was made and the dissolution of the company or the stay of all proceedings in such winding-up shall not be a bar to such application or to the granting of leave.

49. Where in the course of the proceedings in a winding-up by the Court an order has been made for the public examination of persons named in the order pursuant to section 215 of the Act, then in any proceedings subsequently instituted under any of the provisions of the Act mentioned in paragraph (1) of rule 47, the verified notes of the examination of each person who was examined under the order shall, subject as hereinafter mentioned, and to any order or directions of the Court as to the manner and extent in and to which the notes shall be used, and subject to all just exceptions to the admissibility in evidence against any particular person or persons of any of the statements contained in the notes of the examination, be admissible in evidence against any of the persons against whom the application is made, who, under section 215 of the Act, and the order for the public examination, was or had the opportunity of being present at and taking part in the examination: Provided that before any such notes of a public examination shall be used on any such application, the person intending to use the same shall, not less than fifteen days before the day appointed for hearing the application, give notice of such intention to each person against whom it is intended to use such notes, or any of them, specifying the notes or parts of the notes which it is intended to read against him, and furnish him with copies of such notes, or parts of notes (except notes of the person’s own depositions), and provided also that every person against whom the application is made shall be at liberty to cross-examine or re-examine (as the case may be) any person the notes of whose examination are read, in all respects as if such person had made an affidavit on the application.

WITNESSES AND DEPOSITIONS.

Shorthand notes.
Imp. r. 70
Forms 28 and 29

50. If the Court or the person before whom any examination under the Act and rules is directed to be held shall in any case, and at any stage of the proceedings, be of opinion that it would be desirable that a person (other than the person before whom an examination is taken) should be appointed to take down the evidence of any person examined in shorthand or otherwise, it shall be competent for the Court or person aforesaid to make such appointment. The person at whose instance the examination is taken shall nominate a person for the purpose (being an authorized reporter under the Shorthand Reporters Act, 1908, if one is available), and the person so nominated shall be appointed, unless the Court or officer holding the examination shall otherwise order. Every person so appointed shall be paid a sum not exceeding £1 1s. a day, and a sum not exceeding 8d. per folio of ninety words for any transcript of the evidence that may be required, and such sums shall be paid by the party at whose instance the appointment was made, or out of the assets of the company, as may be directed by the Court. No such sum shall be retained by any officer of the Public Service for his own use, except with the express authority of the Public Service Commissioner or, in the case of an officer who is not subject to the control of the Commissioner, of the Minister to whose control he is subject.

Committal of contumacious witness.
Imp. r. 71
Form 30

51. (1) If a person examined before a Registrar or other person who has no power to commit for contempt of Court, refuses to answer to the satisfaction of the Registrar or other person any question which he may allow to be put, the Registrar or other person shall report such refusal to a Judge, and upon such report being made the person in default shall be in the same position, and be dealt with in the same manner as if he had made default in answering before the Judge.

(2) The report shall be in writing, but without affidavit and shall set forth the question put, and the answer (if any) given by the person examined.

(3) The Registrar or other person shall, before the conclusion of the examination at which the default in answering is made, name the time when and the place where the default will be reported to the Judge, and upon receiving the report the Judge may take such action thereon as he shall think fit. If the Judge is sitting at the time when the default in answering is made, such report may be reported immediately.

Depositions at private examinations.
Imp. r. 72

52. (1) The Official Assignee may attend in person or by counsel or by solicitors employed for the purpose, any examination of a witness under section 214 of the Act, on whosesoever application the same has been ordered, and may take notes of the examination for his own use, and put such questions to the persons examined as the Court may allow.

(2) The notes of the depositions of a person examined under section 214 of the Act, or under any order of the Court before the Court, or before any