New South Wales Consolidated Regulations

SUPREME COURT (CORPORATIONS) RULES 1999 - REG 15A.9

15A.9 Application to modify or terminate an order for recognition or other relief

(1) This rule applies to:

(a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding, and

(b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law.

(2) An application mentioned in subrule (1) must be made by filing an interlocutory process in accordance with Form 3.

(3) An interlocutory process for an application under subrule (1) and any supporting affidavit must be served on:

(a) for an applicant under paragraph (1) (a)-the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition, and

(b) for an application under paragraph (1) (b)-the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21 of the Model Law.

(4) Unless the Court otherwise orders, a plaintiff who applies for an order under subrule (1) must:

(a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff, and

(b) publish a notice of the filing of the application in accordance with Form 23, in accordance with rule 2.11.

(5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in rule 2.11.

(6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9.