PART 7WINDING UP BY THE COURT

CHAPTER 11Calls on contributories

Court order to enforce payment of call by a contributory7.91

1

The court may make an order to enforce payment of the amount due from a contributory.

2

The order must have the title “Order for payment of call due from contributory” and must contain—

a

the name of the court (and hearing centre if applicable) in which the order is made;

b

identification and contact details for the liquidator who made the application;

c

the name and title of the judge making the order;

d

identification details for the company;

e

the name and postal address of the contributory who is the subject of the order;

f

the amount per share of the call;

g

an order that the contributory pay the liquidator the sum stated in the order in respect of the call on or before the date stated in the order or within four business days after service of the order whichever is the later;

h

an order that the contributory pay the liquidator interest at the rate stated in the order for the period commencing from the date specified in the order to the date of payment;

i

an order that the contributory pay the liquidator a stated sum in respect of the liquidator’s costs of the application within the same period as the amount of the call must be paid;

j

a warning to the contributory that if the required sums are not paid within the time specified in the order further steps will be taken to compel the contributory to comply with the order; and

k

the date of the order.