No. 62. [See Rule 74 (a).] In the Matter of The You are hereby required to come in and prove the debt claimed by you against the above company, by filing your affidavit and giving notice thereof to Mr. the solicitor of the company, on or before the day of next; and you are to attend by your solicitor at the chambers of the Primary Judge [or Master's office], in Chancery Square, on the day of 18 noon, being the time appointed for hearing and adjudicating upon the claim, and produce any securities or documents relating to your claim. at o'clock in the In default of your complying with the above directions, you will [be precluded from objecting to the proposed reduction of the capital of the company], [or, in all proceedings relative to the proposed reduction of the capital of the company, be treated as a creditor for such amount only as is set against your name in the list of creditors]. Dated this day of 18 . Solicitor for the said company. (a) Supra, p. 195. No. 63. [See Rule 79 (a)]. In the Matter of The Company, Limited and Reduced; and in the Matter of "The Companies Act, 1867" (b). Notice is hereby given, that a petition presented to the Court, on the day of for confirming a resolution reducing the capital of the above is directed to be heard before the company from £ to £ Equity, on the day of (a) Sic. R. 78, supra, p. 196. (b) Sic. 18 FREDK. M. DARLEY, C.J. W. C. WINDEYER, J. M. H. STEPHEN, J. WM. OWEN, J. GEORGE HIBBERT DEFFELL, J. W. J. FOSTER, J. No. ADDITIONAL FORMS. 64 Formal parts of summons. 65 Formal parts of notice of motion. 66 Formal parts of affidavit. 67 Creditor's petition. 68 Order extending time to file affidavit in support of petition. 69 Order to amend petition. 70 Order for petition to hand over. 71 Order for withdrawal of petition. 72 Order to dismiss petition. 73 Affidavit of service of petition on company. 74 Summons to proceed on order to wind-up. 75 Affidavit of fitness of proposed liquidator. 76 Summons to settle security of official liquidator. 77 Summons for delivery of books. 78 Order for affidavit of documents and delivery to official liquidator. 78A Order giving the official liquidator power to act without sanction (s. 155). 79 Summons for leave to attend proceedings. 80 Order for liberty to attend proceedings. 81 Summons to reduce official liquidator's security. 82 Order to reduce official liquidator's security. 83 Notice of motion for substituted service. 84 Order for service out of jurisdiction. 85 Summons to strike name off list of contributories. 86 Summons by contributory to vary certificate by adding parties. 87 Order to rectify register. 88 Affidavit of official liquidator in support of account, and as to sureties. 89 Affidavit of third person in support of official liquidator's remuneration. 90 Affidavit of official liquidator in support of same. 91 Summons for payment of remuneration to official liquidator. 92 Order for payment of remuneration. 93 Affidavit of contributory in support of compromise. 94 Affidavit of official liquidator in support of compromise with contributory. 95 Order sanctioning compromise. 96 Order giving leave to carry on business. 97 Order for sale. 98 Claim by creditors 99 Summons for leave to pay dividend. 100 Summons to enforce payment of calls. 101 Order for liberty to proceed with action. 102 Summons to pay solicitor's costs. 103 Order for taxation and payment. 104 Petition for reduction. 105 Form of certificate (R. 76). 106 Form of order confirming reduction (R. 82). 107 Minute in reduction (s. 47). 108 Form of license to register without the word, "Limited." 109 Form of license to hold land (s. 55). Form 64. Formal parts of ordinary summons. In the Supreme Court' of New South Wales. No. 64. In the Matter of the "Companies Act" (a), and in the Matter of Let all parties concerned attend the Judge in chambers, on 189 at o'clock in the day, the noon, on the hearing of an application on the part of [state on whose behalf the application is made; e.g., "the petitioner in these matters," or "the official liquidator of the above-named company," or "A.B., a creditor of the above-named company"] that [state the nature of the application] and [as to costs, e.g., "that the costs of this application may be costs in the winding-up," or "that the official liquidator may be ordered to pay the costs of and incidental to this application." day of Dated this 189 solicitor for the applicant. (a) R. 1; but, semble, a petition for panies Act" of 1888, in matters coming under that Act. In Equity. on In the Matter of the " Companies Act," and in the Matter of Take notice that the Court will be moved before his Honour Mr. Justice 189 [if the motion is to be heard at a specially appointed hour, state the fact, as :], at eleven of the clock in the forenoon of that day, or so soon thereafter as counsel can be heard [here state on whose behalf the motion is to be made, as :] on the part of the official liquidator of the above-named company that [here state the object of the motion] [if special leave has been obtained to give the notice for a non-motion day or for a motion day short of the ordinary two clear days after service, or for a special hour and place, state the fact, as:] and take also notice that special leave to give this notice for the day (and hour and place) aforesaid has been obtained from his Honour Mr. Justice [or as the case may be]. Dated this day of 189 B.C., of Solicitor for the official liquidator of the above-named company [or as the case may be]. To [insert the names of solicitors or parties to whom the notice is to be given]. In the Matter of the "Companies Act," and in the Matter of the Company, Limited. day of I., A.B., of [place of residence and description or addition], make oath and say as follows:-1. On the 189 I, &c. [Here set out This affidavit is filed on the part and behalf of the official liquidator of the above-named company (or as the case may be). To In Equity. In the Matter of the " Companies Act" and in the Matter of the The Honourable William Owen, Company, Limited. 1. The Company, Limited (hereinafter called the company), was duly registered with articles of association on the 18 day of under the above-mentioned Act as a company limited by shares. 2. The registered office of the company is at 3. The principal objects for which the said company was established are as follows:-[State the objects or principal objects set out in the memorandum of association.] divided into 4. The nominal capital of the company is shares of £ each. Your petitioners are ignorant as to how many of the said shares have been subscribed for, or what amount has been called up thereon. 5. By the memorandum of association power was given to the company to borrow and raise money for the purpose of the company's business and to make, accept, and endorse promissory notes, bills of exchange, and other negotiable instruments. 6. Your petitioners are merchants carrying on business at Sydney aforesaid. On or about the day of 18 , your petitioners agreed to supply the company with goods to the value of £ which said goods were subsequently delivered to and accepted by the said company [or state here the ground on which the application is made], and for which they gave your petitioners their promissory note in the next succeeding paragraph mentioned. 7. The said company is indebted to your petitioners in the sum of £ together with interest from the last for that the company on the day of 18 by their promissory note now overdue promised to pay to your petitioners the sum of £ after date, but did not pay the same. 8. On the day of day of last your petitioners caused to be served on the said company by sending the same in a pre-paid registered letter through the General Post Office addressed to the company's registered office a demand requiring the company to pay the said sum of £ together with interest accrued thereon. 9. The said company has for the space of three weeks neglected to pay the said sum, or to secure or to compound for the same to the reasonable satisfaction of your petitioners, and the said sum is still due and unpaid. Your petitioners submit that the said company is unable to pay its debts, and that it is just and equitable that it should be wound-up by the Court. Your petitioners therefore humbly pray as follows: 1. That the Company, Limited, may be wound-up by this Honourable Court under the provisions of the "Companies Act," and that for such purpose all necessary and proper directions may be given. 2. That A.B. and C.D., both of Sydney, be appointed official liquidators of the said company. 3. That such further or other order may be made in the premises as shall seem meet. Form 67. Creditors' petition. Form 68. Order extend ing time to file affidavit. Upon motion, &c., for A., who alleged that the said A., on day of 189 presented his petition in these matters to this Court, but omitted to file his affidavit in support of such petition within the time limited in that behalf by the rules of this Court, and upon reading an affidavit of R.L., filed the day of 189 Order that the said A. be at liberty to file his affidavit in support of the said petition notwithstanding the time limited for that purpose has expired. Order giving liberty to Upon motion, &c. Order that the petitioner be at liberty to amend the said petition as he may be advised. And order that the said petitioner do have four amend petition. days from the date of this order within which to file his affidavit verifying the statements in the amended petition. Order to stand over. The petition of, &c., preferred unto the Primary Judge in Equity, coming on this day to be heard, and upon hearing counsel for, &c., opposing the said petition, and the company, by their counsel, undertaking not to consent to a winding-up order, or any other petition, and not to wind-up voluntarily, and to give notice to the petitioner of any other petition for winding-up the company which may be served upon them, and in the event of any such other petition being served upon them, to consent to the petition being restored to the paper, and that the application for a winding-up order by it may be renewed in the same manner as if the petition had not been ordered to stand over. Order that the petition do stand over [for six months]. Upon the petition of preferred unto, &c., praying that the company might be wound-up under the provisions of the above-mentioned Act, and the petitioners not wishing to proceed with the said petition, and the company waiving all costs: this Court doth order that the petitioners be at liberty to withdraw the said petition. On the day of [Formal parts, No. 66.] , I served the above-named company with day of Affidavit of service of petition. a petition preferred in this matter by Court, with the order thereon of this Court, dated the whereby it was ordered that all parties concerned should attend thereon, on the day of and that notice thereof should be given forthwith, by delivering a true copy of the said petition and order to at the registered office of the company, at and at the same time producing and showing the said the said original petition with the said order thereon. [Conclude as in Form No. 66.] |