New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 80.35

80.35 Release of liquidator (s 381)

(1) A summons by which an application is made under section 381 (c) or section 381 (d) of the Code for an order that the liquidator be released shall bear a note "Section 382 (3) of the Companies (New South Wales) Code provides" and state the provisions of the subsection.

(2) The liquidator shall file with a summons claiming an order mentioned in section 381 (c) or section 381 (d) of the Code a summary of receipts and payments in the winding up and a statement showing the position of the Company at the date of filing the summons.

(3) The liquidator shall give notice of the application and copies of the summary and the statement--

(a) to every creditor who has proved his debt, and

(b) to every contributory.

cf CR 1968, r 206.

(4) The evidence in support of the application shall include statements in an affidavit by the liquidator to the following effect--

(a) "To the best of my belief there has been no act done or default made by me in the administration of the affairs of the company or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the company or any creditor or contributory (where applicable add except as disclosed in this affidavit)",

(b) "I am not aware of any claim made by any person that there has been any such act or default (where applicable add except as disclosed in this affidavit)".