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SUPREME COURT RULES 1970 - SECT 80A.13C Remuneration of special manager (s 484 (2))

SUPREME COURT RULES 1970 - SECT 80A.13C

Remuneration of special manager (s 484 (2))

80A.13C Remuneration of special manager (s 484 (2))

(1) The summons or notice of the motion, by which application is made by a special manager for an order fixing his or her remuneration under section 484 (2), must not be filed until the expiration of 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on--
(a) the liquidator,
(b) each member of any committee of inspection, or if there is no committee of inspection, each of the 5 largest creditors of the subject corporation, and
(c) each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(2) The liquidator or any creditor or contributory may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(3) Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days--
(a) proving service of the notices required by subrule (1) (b), and
(b) stating that he or she has received no notice of objection to the remuneration claimed,
and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(4) The summons or notice of motion must be served on the liquidator or any creditor or contributory who has given notice of objection under subrule (2).
(5) The evidence in support of the application must include an affidavit stating--
(a) the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b) if at the time of the application the applicant remains the special manager, any matters delaying the completion of the special management.