Companies Winding-Up Rules




Nov. 20.] THE NEW ZEALAND GAZETTE. 3649

  1. The liquidator shall examine every proof of debt lodged with him, Examination of proof.
    and the grounds of the debt, and in writing admit or reject it, in whole or Imp. r. 105 Form 57
    in part, or require further evidence in support of it. If he rejects a proof
    he shall state in writing to the creditor the grounds of the rejection.

  2. If a creditor or contributory is dissatisfied with the decision of the Appeal by creditor.
    liquidator in respect of a proof, the Court may, on the application of the Imp. r. 106
    creditor or contributory, reverse or vary the decision; but, subject to the
    power of the Court to extend the time, no application to reverse or vary
    the decision of the liquidator in a winding-up by the Court rejecting a proof
    sent to him by a creditor, or person claiming to be a creditor, shall be
    entertained, unless notice of the application is given before the expiration
    of twenty-one days from the date of the service of the notice of rejection.

  3. If the liquidator thinks that a proof has been improperly admitted, Expunging a instance of
    the Court may, on the application of the liquidator, after notice to the liquidator.
    creditor who made the proof, expunge the proof or reduce its amount. Imp. r. 107

  4. The Court may also expunge or reduce a proof upon the application Expunging at instance of
    of a creditor or contributory if the liquidator declines to interfere in creditor.
    the matter. Imp. r. 108

  5. For the purpose of any of his duties in relation to proofs, the Oaths.
    liquidator, in a winding-up by the Court, may administer oaths and take Imp. r. 109
    affidavits.

  6. In a winding-up by the Court the Official Assignee, before the Official Assignee's
    appointment of a liquidator, shall have all the powers of a liquidator powers.
    with respect to the examination, admission, and rejection of proofs, and Imp. r. 110
    any act or decision of his in relation thereto shall be subject to the
    like appeal.

  7. In a winding-up by the Court the Official Assignee, where no Filing proofs by Official
    other liquidator is appointed, shall, before payment of a dividend, file in Assignee.
    the registry a list of all proofs tendered in the winding-up, with the proofs Imp. r. 111
    attached thereto, distinguishing in such list the proofs which were wholly
    or partly admitted, and the proofs which were wholly or partly rejected.

  8. Every liquidator in a winding-up by the Court other than the Proofs to be filed.
    Official Assignee shall, on the first day of every month, file in the registry Imp. r. 112 Form 58
    a certified list of all proofs, if any, received by him during the month next
    preceding, distinguishing in such lists the proofs admitted, those rejected,
    and such as stand over for further consideration; and, in the case of proofs
    admitted or rejected, he shall cause the proofs to be attached to the list so
    filed in the registry.

  9. The liquidator in a winding-up by the Court, including the Official Procedure where creditor
    Assignee when he is liquidator, shall, within three days after receiving appeals.
    notice from a creditor of his intention to appeal against a decision rejecting Imp. r. 113
    a proof, file such proof in the registry with a memorandum thereon of his
    disallowance thereof.

  10. Subject to the power of the Court to extend the time in a winding-up Time for dealing with
    by the Court, the Official Assignee as liquidator, not later than fourteen proofs by
    Official Assignee.
    days from the latest date specified in the notice of his intention to declare Imp. r. 114
    a dividend as the time within which such proofs must be lodged, shall
    in writing either admit or reject wholly, or in part, every proof lodged
    with him, or require further evidence in support of it.

  11. Subject to the power of the Court to extend the time, the liquidator Time for dealing with
    in a winding-up by the Court, other than the Official Assignee, within proofs by
    twenty-eight days after receiving a proof which has not previously been liquidator.
    dealt with shall in writing either admit or reject it wholly or in part, or Imp. r. 115
    require further evidence in support of it: Provided that where the
    liquidator has given notice of his intention to declare a dividend, he
    shall, within fourteen days after the date mentioned in the notice as the
    latest date up to which proofs must be lodged, examine, and in writing
    admit or reject, or require further evidence in support of, every proof
    which has not been already dealt with, and shall give notice of his
    decision, rejecting a proof wholly or in part, to the creditors affected
    thereby. Where a creditor’s proof has been admitted the notice of dividend
    shall be a sufficient notification of the admission.

  12. The Official Assignee shall in no case be personally liable for Cost of appeals
    costs in relation to an appeal from his decision rejecting any proof wholly from decisions
    as to proofs.
    or in part. Imp. r. 116

DIVIDENDS IN A WINDING-UP BY THE COURT.

  1. (1) Not more than two months before declaring a dividend the Dividends to
    liquidator in a winding-up by the Court shall give notice of his intention creditors.
    to do so in the Gazette, and at the same time to such of the creditors Imp. r. 117 Forms 59, 80,
    mentioned in the statement of affairs as have not proved their debts. and 88 (4)


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⚖️ Companies (Winding-Up) Rules and Supreme Court (Companies) Rules (continued from previous page)

⚖️ Justice & Law Enforcement
20 November 1934
Rules, Companies, Winding-Up, Supreme Court, Order in Council