THE FIRST GROUP OF PARTS

PART 4 COMPANIES WINDING UP

CHAPTER 11 THE LIQUIDATOR

SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

4.119 Removal of liquidator by the court
(NO CVL APPLICATION)
1 This Rule applies where application is made to the court for the removal of the liquidator, or for an order directing the liquidator to summon a meeting of creditors for the purpose of removing him.
[FORM 4.39]
2 The court may, if it thinks that no sufficient cause is shown for the application, dismiss it; but it shall not do so unless the applicant has had an opportunity to attend the court for an ex parte hearing, of which he has been given at least 7 days' notice.
If the application is not dismissed under this paragraph, the court shall fix a venue for it to be heard.
3 The court may require the applicant to make a deposit or give security for the costs to be incurred by the liquidator on the application.
4 The applicant shall, at least 14 days before the hearing, send to the liquidator and the official receiver a notice stating the venue and accompanied by a copy of the application, and of any evidence which he intends to adduce in support of it.
5 Subject to any contrary order of the court, the costs of the application are not payable out of the assets.
6 Where the court removes the liquidator—
(a) it shall send copies of the order of removal to him and to the official receiver;
(b) the order may include such provision as the court thinks fit with respect to matters arising in connection with the removal; and
(c) if the court appoints a new liquidator, Rule 4.102 applies.
Rule 4.119 in force at 29.12.1986, see rule 0.1