New South Wales Consolidated Regulations

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SUPREME COURT RULES 1970 - SECT 80.26

Appointment of provisional liquidator (s 372)

80.26 Appointment of provisional liquidator (s 372)

(1) An application for the appointment of a provisional liquidator under section 372 (2) of the Code shall be made by motion in the proceedings for the winding up order.
(2) Any party obtaining an order under section 372 (2) of the Code shall--
(a) complete two forms of notice in Form 136A,
(b) leave a copy with, and obtain a sealed copy from the proper officer of the Court,
(c) serve the sealed copy on the provisional liquidator appointed--
(i) where the order is made before noon--before 5 in the afternoon,
(ii) where the order is made in the afternoon--before noon of the following day,
(d) publish once in the Government Gazette and once in a prescribed newspaper a notice in Form 137, and
(e) serve an office copy of the minute of order on the provisional liquidator.
(3) A sealed copy is sufficiently served on a provisional liquidator within the time prescribed in subrule (2) (c) and an office is sufficiently served under subrule (2) (e) if the information contained in the copy is transmitted to the provisional liquidator's facsimile transmission number by a means that reproduces, in the hands of the provisional liquidator, that information as it appears in the copy.
cf CR 1968, r 50 (3).



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