SUPREME COURT RULES 1970 - SECT 80.9 Applications under ss 73, 118, 122, 123, 125, 133 and 175

SUPREME COURT RULES 1970 - SECT 80.9

80.9 Applications under ss 73, 118, 122, 123, 125, 133 and 175

(1) This rule applies to an application for an order under any of the provisions of the Code referred to in column 1 of the Table below--

Table

Column 1	Column 2
Provision	Description
73	Cancellation or alteration of the objects or powers of a company.
118	Confirmation of issue of shares at a discount.
122 (1)	Validation of issue or allotment of shares.
123 (5)	Confirmation of reduction of capital.
125 (4)	Cancellation, etc of variation or abrogation of rights of holders of special classes of shares.
133	Approving payment of interest out of capital
175 (5)	Confirmation of resolution to wind up scheme.

(2) The matter in column 2 of the above Table is inserted for convenience or reference only and does not affect the operation of the rules.

(3) Unless the Court otherwise orders, notice of an application to which this rule applies shall, not later than seven days before the date appointed for hearing, be published once in the Government Gazette and once in a prescribed newspaper.

(4) The notice mentioned in subrule (3) shall--

(a) in the case of an application for orders under section 123 (5) of the Code and for fixing a date under section 123 (3) (a) of the Code--be in Form 125, and

(b) in any other case--be in Form 126.

(5) Evidence in support of an application to which this rule applies shall include--

(a) a statement of the statute under which the Company was incorporated,

(b) a statement of the date of incorporation,

(c) unless the Company is the plaintiff or has entered an appearance, proof of--

(i) the address of its registered office at the date of search made under this subrule, being the latest address disclosed in a notice or annual return lodged with the Commission under section 84 (2) (b) (ia), section 85 (4) (fa), section 217 (1) or (3) or section 263 (1) of the Code,

(ii) the date of lodgment of the notice or return disclosing that address,

as ascertained by search made not earlier than three days before--

(iii) if the summons was served on the Company by post--the date of posting, or

(iv) if the summons was served otherwise--the date of service,

(d) unless the Company is the plaintiff, the capacity in which the plaintiff makes the application.

(6) Rule 20 applies to an application to which this rule applies as it applies to an application for a winding up order under the Code.