Nov. 20.] THE NEW ZEALAND GAZETTE. 3663

REMUNERATION OF DEPUTY OFFICIAL ASSIGNEES.

184. There shall be paid out of the Public Account to Deputy Official Assignees who are not officers of the Public Service, as remuneration for their services, an amount equal to seventy per cent. of the fees paid into the Public Account under the last preceding rule in respect of their services:

Provided that the remuneration of a Deputy Official Assignee for acting as liquidator of a company (to include his services as provisional liquidator) or for collecting, calling, or realizing property for the debenture-holders or for realizing property for secured creditors other than debenture-holders shall in no case be less than £3 3s.

Remuneration of Deputy Official Assignees not in Public Service.

APPLICATIONS TO THE COURT IN A VOLUNTARY WINDING-UP.

185. Applications to the Court under section 248 of the Act shall be made by motion or summons.

Applications under section 248.

MISCELLANEOUS MATTERS.

186. The Court may, in any case in which it shall see fit, extend or abridge the time appointed by the rules or fixed by any order of the Court for doing any act or taking any proceeding.

Enlargement or abridgment of time. Imp. r. 222

187. (1) No proceedings under the Act or the rules shall be invalidated by any formal defect or by any irregularity, unless the Court before which an objection is made to the proceeding is of opinion that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of that Court.

Formal defect not to invalidate proceedings. Imp. r. 223

(2) No defect or irregularity in the appointment or election of an Official Assignee, liquidator, or member of a committee of inspection shall vitiate any act done by him in good faith.

188. In all proceedings in or before the Court, or any Judge, Registrar, or officer thereof, or over which the Court has jurisdiction under the Act and rules, where no other provision is made by the Act or rules, the practice, procedure, and regulations shall, unless the Court otherwise in any special case directs, be in accordance with the Code of Civil Procedure and practice of the Court.

Application of existing procedure. Imp. r. 224

SCHEDULES.

FIRST SCHEDULE.

FORMS.

No. 1. (Rule 6.)

GENERAL TITLE.

In the Supreme Court of New Zealand,

…………District,

…………Registry.

In the matter of the Companies Act, 1933,

and

In the matter of (a) , Limited.

(a) Insert full name of company.

No. 2. (Rule 13.)

PETITION.

(Title.)

To the Supreme Court of New Zealand.

The day of , 19 .

THE humble petition of (a) showeth as follows:—

1. The Company, Limited (hereinafter called the company), was in the month of incorporated under the Companies Act, 19 .

2. The registered office of the company is at (b) .

3. The nominal capital of the company is £ , divided into shares of £ each. The amount of the capital paid up or credited as paid up is £ .

4. The objects for which the company was established are as follows:—

To

and other objects set forth in the memorandum of association thereof.

Your petitioner therefore humbly prays as follows:—

(1) That the Company, Limited, may be wound up by the Court under the provisions of the Companies Act, 1933.

(c) [That the voluntary winding-up of the Company, Limited, may be continued but subject to the supervision of the Court.]

(2) Or that such other order may be made in the premises as shall be just.

This petition was filed by the petitioner in person [or by , solicitor for the petitioner]. The petitioner’s address for service is at (d)

(a) Insert full name, address, and description of petitioner.

(b) State the full address of the registered office so as sufficiently to show the district in which it is situate.

(c) Add words in brackets [ ] if supervision order is asked for.

(d) State address for service within three miles of the registry.

No. 3. (Rule 13.)

PETITION BY UNPAID CREDITOR ON SIMPLE CONTRACT.

(Title.)

Paragraphs 1, 2, 3, and 4 as in No. 2.

5. The company is indebted to your petitioner in the sum of £ for (a)

6. Your petitioner has made application to the company for payment of his debt, but the company has failed and neglected to pay the same or any part thereof.

7. The company is [insolvent and] unable to pay its debts.

8. In the circumstances it is just and equitable that the company should be wound up.

Your petitioner, therefore, &c. [as in No. 2].

(a) State consideration for the debt, with particulars so as to establish that the debt claimed is due.