New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 80.18

80.18 Application for a winding up order under s 364 (1)

(1) This rule applies to an application for an order under section 364 (1) of the Code.

(2) The summons claiming the order may be in Form 132.

(3) The evidence in support of the application 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,

(e) the grounds of the application and a reference to the paragraph of section 364 (1) of the Code under which the plaintiff is proceeding.

(4) Unless the Court otherwise orders, notice in Form 126 of the application shall, not earlier than three days after the date of service on the Company of the summons claiming the order and not later than seven days before the date of hearing, be published once in the Government Gazette and once in a prescribed newspaper.