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Contents  

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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On 25/11/2017, you requested the version as published on or before 25/11/2017.
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Witnesses and depositions
Subpoena
22.
—(1)  The court shall, at the instance of the Official Assignee, trustee, creditor or debtor or any party to the proceedings, issue a subpoena for the attendance of a witness.
(2)  The subpoena may require the witness to produce documents in his possession or control.
(3)  The names of not more than 3 witnesses may be inserted in the subpoena.
Service of subpoena
23.
—(1)  A sealed copy of the subpoena shall be served personally on the witness by an officer of the court or by the person at whose instance the subpoena is issued or his solicitor, or by some person in their employment.
(2)  Service of the subpoena shall be effected within a reasonable time before the day fixed for the attendance.
(3)  Service of the subpoena may, where required, be proved by affidavit.
Costs of witnesses
24.
—(1)  The allowances to witnesses in bankruptcy proceedings shall be in accordance with those for the time being ordinarily made in other proceedings in the High Court.
(2)  The allowance may be made whether or not the witness has been called or examined.
(3)  A witness, other than the debtor, who is required to attend for the production of a document or for the purpose of an examination shall be entitled to the same conduct moneys and witness allowance as on attendance at a trial in court.
(4)  The court may in any matter limit the number of witnesses to be allowed on taxation.
Order for examination
25.
—(1)  The court may at any time in any matter make an order for the examination upon oath of any person at any place.
(2)  The examination may be ordered to take place before the court, or an officer of the court, or such other person as the court may direct.
(3)  The deposition shall be taken down in writing and, with the leave of the court, may be used in evidence on such terms, if any, as the court may direct.
Letters of request
26.  An order for a letter of request to examine witnesses, and the letter of request, shall follow the forms for the time being in use in the High Court, with such variations as circumstances may require.
Production of documents
27.  The court may at any stage of any proceedings order the attendance of any person for the purpose of producing any documents named in the order.
Disobedience to order
28.  Any person wilfully disobeying any subpoena or order requiring his attendance for the purpose of being examined or of producing any document shall be deemed guilty of contempt of court and may be dealt with accordingly.