Nov. 20.] THE NEW ZEALAND GAZETTE. 3645

officer of the Court, or person appointed to take such an examination (other than the notes of the depositions of a person examined at a public examination under section 215 of the Act) shall be forthwith lodged in the registry but shall not be filed, or be open to the inspection of any creditor, contributory, or other person, except the Official Assignee or liquidator, or any provisional liquidator other than the Official Assignee, while he is acting as provisional liquidator, unless and until 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 thereof or extracts therefrom.

DISCLAIMER.

53. (1) Any application for leave to disclaim any part of the property of a company pursuant to subsection (1) of section 261 of the Act shall be by ex parte motion. Such motion shall be supported by an affidavit showing who are the parties interested and what their interests are. On the hearing of the motion the Court shall give such directions as it sees fit and in particular directions as to the notices to be given to the parties interested or any of them and the Court may adjourn the application to enable any such party to attend.

(2) Where a liquidator disclaims a leasehold interest he shall forthwith file the disclaimer in the registry. The disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is filed by the liquidator the disclaimer shall be inoperative. A disclaimer shall be in form No. 31 and a notice of disclaimer in form No. 32 in the First Schedule hereto, with such variations as circumstances may require.

(3) Where any person claims to be interested in any part of the property of a company which the liquidator wishes to disclaim he shall at the request of the liquidator furnish a statement of the interest so claimed by him.

VESTING OF DISCLAIMED PROPERTY.

54. (1) Any application under subsection (6) of section 261 of the Act for an order for the vesting of any disclaimed property in or the delivery of any such property to any persons shall be supported by the affidavit filed on the application for leave to disclaim such property.

(2) Where such an application as aforesaid relates to disclaimed property of a leasehold nature and it appears that there is any mortgagee by demise or under-lessee of such property the Court may direct that notice shall be given to such mortgagee or under-lessee that if he does not elect to accept and apply for such a vesting order as aforesaid upon the terms required by the above-mentioned subsection and imposed by the Court within a time to be fixed by the Court and stated in the notice he will be excluded from all interest in and security upon the property, and the Court may adjourn the application for such notice to be given and for such mortgagee or under-lessee to be added as a party to and served with the application and if he sees fit to make such election and application as is mentioned in the notice. If at the expiration of the time so fixed by the Court such mortgagee or under-lessee fails to make such election and application the Court may make an order vesting the property in the applicant and excluding such mortgagee or under-lessee from all interest in or security upon the property.

ARRANGEMENTS WITH CREDITORS AND CONTRIBUTORIES IN A WINDING-UP BY THE COURT.

55. In a winding-up by the Court if application is made to the Court to sanction any compromise or arrangement the Court may, before giving its sanction thereto, hear a report by the Official Assignee as to the terms of the scheme, and as to the conduct of the directors and other officers of the company, and as to any other matters which, in the opinion of the Official Assignee, ought to be brought to the attention of the Court. The report shall not be placed upon the file, unless and until the Court shall direct it to be filed.

COLLECTION AND DISTRIBUTION OF ASSETS IN A WINDING-UP BY THE COURT.

56. (1) The duties imposed on the Court by section 203 (1) of the Act, in a winding-up by the Court with regard to the collection of the assets of the company and the application of the assets in discharge of the company’s liabilities shall be discharged by the liquidator as an officer of the Court subject to the control of the Court.