New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 80A.22

80A.22 Remuneration of provisional liquidator (s 473 (2))

(1) An application by a provisional liquidator for determination of his or her remuneration by the Court under section 473 (2) must be made by motion in the winding up proceedings.

(2) Notice of the motion must not be filed until the expiration of 21 days after the applicant has served written notice of intention to apply for such determination in Form 154I together with a copy of the affidavit upon which the applicant intends to rely, on--

(a) any liquidator of the subject corporation (other than the applicant),

(b) each member of any committee of inspection, or if there is no committee of inspection, each of the 5 largest creditors of the subject corporation, and

(c) each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.

(3) The liquidator or any creditor or contributory may within 21 days after service of the last of the notices required by subrule (2) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.

(4) Where the applicant files with the notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days--

(a) proving service of the notices required by subrule (2), and

(b) stating that he has received no notice of objection to the remuneration claimed,

and the notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.

(5) The notice of motion must be served on any liquidator, creditor or contributory of the subject corporation who has given notice of objection under subrule (3).

(6) The evidence in support of the application must include an affidavit stating--

(a) the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and

(b) if at the time of the application the applicant remains the provisional liquidator--

(i) any reasons known to the applicant why the winding up proceedings have not been determined, and

(ii) any reasons why the applicant's remuneration should be determined prior to the determination of the winding up proceedings.