✨ Supreme Court Rules
Nov. 20.] THE NEW ZEALAND GAZETTE. 3703
claim or both for which such creditor is entered on the said list, and the time
(such time to be fixed by the Judge) within which, if he claims to be entitled
to be entered on such list as a creditor for a larger amount, he must send in
his name, address, and description, and the particulars of his debt or claim,
and the name and address of his solicitor (if any) to the solicitor of the
company ; and such notice shall be sent through the post in a prepaid letter
addressed to each such creditor at his last known address or place of abode,
and may be in the form or to the effect of the form No. 3 in the Schedule Form 3.
hereto, with such variations as the circumstances of the case may require.
(e) Notice of the presentation of the petition, of the effect of the order
Advertisement
directing the inquiry, and of the list of creditors shall, after the filing of the
of petition and
affidavit mentioned in paragraph (a) of this rule, be published at such
of list of
times and in such newspapers as the Judge shall direct. Every such notice
creditors.
shall state the amount of the proposed reduction of capital, and the places
where the aforesaid list of creditors may be inspected, and the time within
which creditors of the company who are not, but are entitled to be, entered
on the said list, and are desirous of being entered thereon, must send in their
names, addresses, and descriptions, and the particulars of their debts or
claims, and the names and addresses of their solicitors (if any) to the solicitor
of the company. Such notice may be in the form No. 4 in the Schedule Form 4.
hereto, with such variations as the circumstances of the case may require.
(f) The company shall, within such time as the Judge shall direct, file
Affidavit as to
in the registry an affidavit made by the person to whom the particulars
result of
of debts or claims are, by such notices as are mentioned in paragraphs (d)
paragraphs (d)
and (e) of this rule, required to be sent in, stating the result of such notices
and (e) of this
respectively and verifying a list containing the names, addresses, and
rule.
descriptions of the persons (if any) who shall have sent in the particulars
of their debts or claims in pursuance of such notices respectively, and the
amounts of such debts or claims, and some competent officer or officers
of the company shall join in such affidavit, and shall in such list distinguish
which (if any) of such debts and claims are wholly, or as to any and what
part thereof, admitted by the company and which (if any) of such debts
and claims are wholly, or as to any and what part thereof, disputed by the
company, and which (if any) of such debts and claims are alleged by the
company to be wholly, or as to any and what part thereof, not included in
the inquiry. Such affidavit shall also state which of the persons who are
entered on the list as creditors and which of the persons who have sent
in particulars of their debts or claims in pursuance of such notices as afore-
said have been paid or have consented to the proposed reduction. Such
affidavit may be in the form No. 5 in the Schedule hereto, with such variations Form 5.
as the circumstances of the case may require; and such list shall be annexed
to such affidavit.
(g) If the company contends that a person is not entitled to be entered
Proceedings
on the list of creditors in respect of any debt or claim, whether admitted
where claim
or not, or if any debt or claim, the particulars of which are so sent in, shall
not admitted.
not be admitted by the company at its full amount, then and in every
such case, unless the company is willing to appropriate in such manner
as the Judge shall direct the full amount of such debt or claim, the company
shall, if the Judge thinks fit so to direct, send to the creditor a notice that
he is required to come in and establish his title to be entered on the list
or, as the case may be, to come in and prove such debt or claim, or such
part thereof as is not admitted by the company, by a day to be therein
named, being not less than four clear days after such notice, and being the
time appointed by the Judge for adjudicating upon such titles, debts, and
claims, and such notice shall be sent in the manner mentioned in paragraph
(d) of this rule, and may be in the form No. 6 in the Schedule hereto, with Form 6.
such variations as the circumstances of the case may require.
(h) Such creditors as come in to prove their titles, debts, or claims in Costs of proof.
pursuance of any such notice as is mentioned in paragraph (g) of this rule
shall be allowed their costs of proof against the company and be answerable
for costs, in the same manner as in the case of persons coming in to prove
debts under an administration judgment.
(i) The result of the settlement of the list of creditors shall be stated Certificate as
in a certificate by the Registrar of the Court, and such certificate shall
to creditors.
state what debts or claims (if any) have been disallowed, and shall distinguish
the debts or claims the full amount of which the company is willing to
appropriate, and the debts or claims (if any) the amount of which has been
fixed by inquiry and adjudication in manner provided by section 68 (2)
of the Act and these rules, and the debts or claims (if any) the full amount
of which the company does not admit or is not willing to appropriate,
or the amount of which has not been fixed by inquiry and adjudication
as aforesaid; and shall show which of the creditors have consented to
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VUW Te Waharoa —
NZ Gazette 1934, No 84
NZLII —
NZ Gazette 1934, No 84
✨ LLM interpretation of page content
⚖️
Supreme Court (Companies) Rules, 1934
(continued from previous page)
⚖️ Justice & Law Enforcement20 November 1934
Rules, Companies Act, Supreme Court, Judicature Amendment Act