THE FIRST GROUP OF PARTS

PART 4COMPANIES WINDING UP

CHAPTER 11THE LIQUIDATOR

SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

Removal of liquidator by the courtI14.119

(NO CVL APPLICATION)

1

[[FORM 4.39]] 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.

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.