3700

THE NEW ZEALAND GAZETTE.

No. 84

Supreme Court (Companies) Rules.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 20th day of November, 1934.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers conferred on him by section three of the Judicature Amendment Act, 1930, and of every other power and authority in this behalf enabling him, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and with the concurrence of the Right Honourable the Chief Justice and of five of the other members of the Rules Committee constituted under the said Judicature Amendment Act, 1930 (three of such other members being Judges of the Supreme Court), doth hereby make the following rules relating to the practice and procedure of the Supreme Court in matters arising under the Companies Act, 1933, and doth hereby revoke the rules relating to procedure under the Companies Act, 1908, made by Orders in Council dated the tenth day of July, one thousand nine hundred and sixteen, and the first day of September, one thousand nine hundred and twenty-three, respectively, and doth hereby declare that this Order in Council shall come into force on the date of its publication in the Gazette.

RULES.

1. These rules may be cited as the Supreme Court (Companies) Rules, 1934, and shall be read together with and deemed part of the Code of Civil Procedure under the Judicature Act, 1908.

2. In these rules, unless the context otherwise requires,

" The Act" means the Companies Act, 1933 :

" The company" means the company to which any application under these rules relates :

" The Court" means the Supreme Court, and includes a Judge exercising the powers of the Court, or a Judge sitting in Chambers :

" The petition," "the motion," and "the summons" mean respectively the petition, motion, or summons presented, made, or taken out pursuant to these rules :

" The registry" means the registry of the Supreme Court in which any proceeding is had or taken under these rules :

Expressions defined in the Act shall have the meanings so defined.

3. These rules shall apply to all proceedings in the Supreme Court under the Act other than proceedings for carrying into effect the objects of the Act so far as relates to the winding-up of companies, whether commenced before or after the day on which these rules come into operation, but every such proceeding taken before that day shall have the same validity as it would have had if these rules had not been made.

4. The rules contained in the Code of Civil Procedure and any other rules of the Court for the time being in force and the general practice of the Court, including the course of procedure and practice in Chambers, shall apply as regards all proceedings in relation to the applications to which these rules relate so far as may be practicable, except if and so far as the Act or these rules otherwise provide.

5. An application to which these rules relate shall be made in the registry of the Court in the district wherein the company's registered office, or if there shall be no such registered office, then its principal or last known principal place of business is or was situate :

Provided that if there shall be two or more registries of the Court in such district then the application shall be made in such one of them as is most convenient of access from the place where the registered office, or principal or last known principal place of business, as the case may be, of the company is or was situate.

6. (1) Every petition, notice of motion, and summons, and all notices, affidavits, and other proceedings under any petition, notice of motion, or summons shall, with any necessary additions, be intituled in the matter of the Companies Act, 1933, and in the matter of the company.

(2) An application for leave under subsection (4) of section 268 of the Act shall, with any necessary additions, be intituled in the matter of the Companies Act, 1933, and in the matter of the company whose business was carried on with such intent or for such purpose, as is mentioned in subsection (1) of that section.