The Rules of the Superior Courts (No. 1) 1966

• Jurisdiction: Ireland
• Citation: IR SI 28/1966
• Year: 1966

S.I. No. 28 of 1966.

THE RULES OF THE SUPERIOR COURTS (No. 1), 1966.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48, and the Courts (Supplemental Provisions) Act, 1961 , section 14), and the Companies Act, 1963 , section 312, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 1st day of February, 1966.

Cearbhall Ó Dáláigh P. J. Nugent Brian Walsh Samuel V. Kirwan John Kenny Ralph J. Walker

I concur in the making of the annexed Rules of Court.

Dated this 7th day of February, 1966.

Brian Lenihan

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1966. 1. Order 74 and Appendix M shall be deleted and the Order and Appendix set forth in the Schedule hereto shall be substituted therefor. 2. In Order 77, rule 49 (2) and rule 91, the words " Companies Act, 1963 " shall be substituted for the words "Companies Acts, 1908 to 1959". 3. In Order 77, the following additional rules shall be inserted:

" XI. The Companies Liquidation Account.

98. The Accountant shall forthwith open an account in the Bank to be called' The Companies Liquidation Account'.

99. The Companies Liquidation Account shall be under the control of the Court.

100. When a Liquidator desires to lodge moneys to the Companies Liquidation Account pursuant to section 307 (1) of the Companies Act, 1963 , he shall annex to the affidavit to be filed by him a schedule similar in form to the Form No. 1 in Appendix P, setting forth:

(a) the name of the company of which he is Liquidator;

(b) his name and address;

(c) the dates on which the resolution for winding up was passed and on which he was appointed Liquidator;

(d) the amount of the moneys to be lodged to the said account;

(e) that the lodgment is made in pursuance of section 307 (1).

An attested copy of such schedule is to be left with the Accountant.

101. On the 1st day of February in each year the Accountant shall send to the Minister for Industry and Commerce and to the Minister for Finance a statement showing the amount standing to the credit of The Companies Liquidation Account on the 31st day of December immediately preceding.

102. At the expiration of seven years from the date of any lodgment to The Companies Liquidation Account in pursuance of section 307 (1) of the Companies Act, 1963 , the Accountant shallon application to him by the Minister for Finance transfer to the Exchequer the amount of the lodgment then remaining unclaimed.

103. Save as provided in rule 102, no payment out of The Companies Liquidation Account shall be made except by order of the Court." 4. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1966.

EXPLANATORY NOTE.

These Rules prescribe procedures in respect of the winding up of companies and replace Order 74 and Appendix M of the Rules of the Superior Courts ( S.I. No. 72 of 1962 ).

These Rules also amend Order 77 of the same Rules in addition to inserting additional rules in that Order which deals with funds in Court.

SCHEDULE.

ORDER 74.

WINDING UP OF COMPANIES.

I. Preliminary.

1. (1) In this Order unless the context or subject matter otherwise requires—

" the Act " means the Companies Act, 1963 ;

" the company " means the company which is being wound up or in respect of which proceedings to have it wound up have been commenced;

" creditor " includes a company or corporation or a firm or partnership;

" debt proved " includes any debt which shall have been duly admitted without proof;

references to " Liquidator " shall, where appropriate, be construed as including " Official Liquidator ".

(2) Words and expressions contained in this Order shall have the same meaning as in the Act.

(3) In this Order, a reference to a section or subsection is to that section or subsection in the Act unless it is indicated that reference to some other enactment is intended.

Application of this Order

2. (1) Order 74 and Appendix M as originally contained in the Rules of the Superior Courts shall continue to apply to proceedings under the Companies Acts, 1908 to 1959, which were commenced before the 1st day of April, 1964, and for this purpose the said Order 74 and Appendix M shall remain in force.

(2) This Order shall apply to every winding up under the Act which shall commence on or after the 1st day of April, 1964.

3. Rules which from their nature and subject matter are, or which by the headings above the group in which they are contained or by their terms are made applicable only to the proceedings in winding up by the Court or only to such proceedings and to proceedings in a creditors' voluntary winding up, shall not apply to the proceedings in a voluntary winding up, or, as the case may be, in a members' voluntary winding up.

Assignment of Judge

4. All applications and proceedings (including petitions for winding up) in relation to every winding up under the Act shall be assigned to such Judge or Judges as the President of the High Court shall from time to time assign to hear such applications and proceedings but if such Judge or Judges shall be unable to dispose of such applications or proceedings, any other Judge or Judges of the High Court may dispose of any such application.

Use of forms

5. The forms in Appendix M (annexed hereto) where applicable, and where they are not applicable, forms of the like character, with such variations as circumstances may require, shall be used, and the forms referred to in this Order are those in the said Appendix M. The directions contained in any form shall be observed in relation thereto. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the Court shall otherwise direct.

II. Proceedings.

Title of proceedings

6. (1) Every petition, summons, notice, affidavit and other proceeding in a winding up matter shall with any necessary additions be entitled as in the Form No. 1 and where the company is in liquidation there shall be added after the name of the company the words " in liquidation ".

(2) The first proceeding shall have a distinctive number assigned to it in the Central Office, and all proceedings subsequent to the first proceeding shall bear the same number as the first proceeding. Numbers and dates may be denoted by figures.

III. Service of documents in winding up by the Court.

7. Service of all notices, motions and other documents other than those of which personal service is required, may be effected through the Central Office or by sending them by pre-paid post to the last known address of the person to be served therewith; and the notice, motion or document shall be considered served at the time that the same ought to have been delivered in the ordinary course of post. When any such notices, motions or other documents are served bysending them by pre-paid post, a certificate of posting shall be obtained from the Post Office and shall be conclusive evidence of such service.

IV. Petition to wind up a company.

8. Every petition for the winding up of a company by the Court shall be in one of the Forms Nos. 2, 3 or 4.

9. The petition shall be presented at and shall be retained in the Central Office. A sealed copy thereof shall be taken out by the petitioner or his solicitor and shall be used as if it were an original.

10. The petition and sealed copy shall be brought to the office of one of the Registrars who shall appoint the time and place at which the petition is to be heard. Notice of the time and place appointed for hearing the petition shall be written on the petition and the sealed copy thereof and the Registrar may at any time before the petition has been advertised, alter the time appointed and fix another time.

Advertisement of petition

11. (1) Every petition shall be advertised seven clear days before the hearing, once in Iris Oifigiúil and once at least in two Dublin daily morning newspapers or in such other newspapers as the Registrar when appointing the time and place at which the petition is to be heard shall direct.

(2) The advertisement, which shall be in the Form No. 5, shall state the day on which the petition was presented, the name and address of the petitioner, and the name and registered place of business of his solicitor, and shall contain a note at the foot thereof stating that any person who intends to appear at the hearing of the petition, either to oppose or support, shall send notice of his intention to the petitioner, or to his solicitor, within the time and in the manner prescribed by rule 16, and an advertisement of a petition for the winding up of a company by the Court which does not contain such a note shall be deemed irregular.

Service of petition

12. Every petition shall, unless presented by the company, be served on the company at the registered office of the company, and if there is no registered office, then at the principal or last known principal place of business of the company if any such can befound, by leaving a copy with any member, officer or servant of the company there, or in case no such member, officer or servant can be found there, then by leaving a copy at such registered office or principal place of business, or by serving it on such member or members of the company as the Court may direct and when the company is being wound up voluntarily, every such petition shall also be served upon the liquidator...