THE FIRST GROUP OF PARTS

PART 4COMPANIES WINDING UP

CHAPTER 4PETITION BY CONTRIBUTORIES (NO CVL APPLICATION)

Return of petition4.23

1

On the return day, or at any time after it, the court shall give such directions as it thinks appropriate with respect to the following matters—

a

service of the petition, whether in connection with the venue for a further hearing, or for any other purpose;

b

whether particulars of claim and defence are to be delivered, and generally as to the procedure on the petition;

c

whether, and if so by what means, the petition is to be advertised;

d

the manner in which any evidence is to be adduced at any hearing before the judge and in particular (but without prejudice to the generality of the above) as to—

i

the taking of evidence wholly or in part by affidavit or orally;

ii

the cross-examination of any deponents to affidavits;

iii

the matters to be dealt with in evidence;

e

any other matter affecting the procedure on the petition or in connection with the hearing and disposal of the petition.

2

In giving directions under paragraph (1)(a), the court shall have regard to whether any of the persons specified in Rule 4.10 should be served with a copy of the petition.