Court Inspectors
Companies Act
Investigation of company’s affairs by court appointed inspectors on application of company etc.
747. (1) On the application of a person or persons specified in subsection (2), the court may appoint one or more competent inspectors to investigate the affairs of a company in order to enquire into matters specified by the court and to report on those matters in such manner as the court directs.
(2) The court may make the appointment on the application of any of the following persons:
(a) the company;
(b) not less than 10 members of the company;
(c) a member or members holding one-tenth or more of the paid up share capital of the company (but shares held as treasury shares shall be excluded for the purposes of this paragraph);
(d) a director of the company; or
(e) a creditor of the company.
(3) The court’s power of appointment under subsection (1) is exercisable notwithstanding that the company is in the course of being wound up.
(4) The court may require the applicant or the applicants to give security for payment of the costs of the investigation.
(5) A person who intends making an application under this section shall give not less than 14 days’ notice in writing of his or her intention to apply to the Director, and the Director shall be entitled to appear and be heard on the hearing of the application.
(6) In this section “court” means—
(a) save in the case of a company referred to in paragraph (b), the High Court, or
(b) in the case of a company that, in respect of the latest financial year of the company that has ended prior to the date of the making of the application under this section, fell to be treated as a small or medium company by virtue of section 350 , the Circuit Court,
and, subject to subsection (8), all subsequent references to the court in this Part shall, as respects the powers and jurisdiction of the court with respect to an investigation on foot of an appointment made under this section by the Circuit Court, be read accordingly.
(7) For the purpose of paragraph (b) of subsection (6), if the latest financial year of the company concerned ended within 3 months prior to the date of the making of the application concerned, the reference in that paragraph to the latest financial year of the company shall be read as a reference to the financial year of the company that preceded its latest financial year (but that reference shall only be so read if that preceding financial year ended no more than 15 months prior to the date of the making of the application concerned).
(8) Subsection (6) does not confer jurisdiction on the Circuit Court to wind up any body corporate; however, that court, in exercise of its jurisdiction under this Part, may refer an inspectors’ report made to it under this Part to the High Court which shall have the same jurisdiction to wind up any body corporate concerned as if the inspectors’ report had been made to it in the first instance.
(9) In the case of an application under this section by a creditor or member to the Circuit Court, the application shall be made to the judge of the Circuit Court—
(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or
(b) if there is no registered office of the company at that time, for the circuit in which the creditor or member resides, or
(c) if there is no registered office of the company at that time and the creditor or member resides outside the State, for the Dublin Circuit.
(10) In the case of an application under this section by the company or a director of it to the Circuit Court, the application shall be made to the judge of the Circuit Court—
(a) for the circuit in which the registered office of the company is situated at the time of the making of the application; or
(b) if there is no registered office of the company at that time, for the Dublin Circuit.
Investigation of company’s affairs by court appointed inspectors on application of Director
748. (1) On the application of the Director, the court may appoint one or more competent inspectors to investigate the affairs of a company and to report on those affairs in such manner as the court directs, if the court is satisfied that there are circumstances suggesting that—
(a) the affairs of the company are being or have been conducted with intent to defraud—
(i) its creditors;
(ii) the creditors of any other person; or
(iii) its members;
(b) the affairs of the company are being or have been conducted for a fraudulent or unlawful purpose other than described in paragraph (a);
(c) the affairs of the company are being or have been conducted in an unlawful manner;
(d) the affairs of the company are being or have been conducted in a manner that is unfairly prejudicial to some part of its members;
(e) the affairs of the company are being or have been conducted in a manner that is unfairly prejudicial to some or all of its creditors;
(f) any actual or proposed act or omission of the company (including an act or omission on its behalf) was, is or would be unfairly prejudicial to some part of its members;
(g) any actual or proposed act or omission of the company (including an act or omission on its behalf) was, is or would be unfairly prejudicial to some or all of its creditors;
(h) the company was formed for a fraudulent or unlawful purpose;
(i) persons connected with its formation or the management of its affairs have, in that connection, been guilty of fraud, misfeasance or other misconduct towards the company or its members; or
(j) the company’s members have not been given all the information relating to its affairs which they might reasonably expect.
(2) The court’s power of appointment under this section is without prejudice to its powers under section 747 and is exercisable notwithstanding that the company is in the course of being wound up.
(3) Inspectors appointed under this section may be or include an officer or officers of the Director.
(4) A reference in subsection (1) to the members of a company shall have effect as if it included a reference to any person who is not a member but to whom shares in the company have been transferred or transmitted by operation of law.
(5) In this section “court” means—
(a) save in the case of a company referred to in paragraph (b), the High Court, or
(b) in the case of a company that, in respect of the latest financial year of the company that has ended prior to the date of the making of the application under this section, fell to be treated as a small or medium company by virtue of section 350 , the Circuit Court,
and, subject to subsection (7), all subsequent references to the court in this Part shall, as respects the powers and jurisdiction of the court with respect to an investigation on foot of an appointment made under this section by the Circuit Court, be read accordingly.
(6) For the purpose of paragraph (b) of subsection (5), if the latest financial year of the company concerned ended within 3 months prior to the date of the making of the application concerned, the reference in that paragraph to the latest financial year of the company shall be read as a reference to the financial year of the company that preceded its latest financial year (but that reference shall only be so read if that preceding financial year ended no more than 15 months prior to the date of the making of the application concerned).
(7) Subsection (5) does not confer jurisdiction on the Circuit Court to wind up any body corporate; however, that court, in exercise of its jurisdiction under this Part, may refer an inspectors’ report made to it under this Part to the High Court which shall have the same jurisdiction to wind up any body corporate concerned as if the inspectors’ report had been made to it in the first instance.
(8) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court—
(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or
(b) if there is no registered office of the company at that time, for the Dublin Circuit.
(9) Nothing in this section shall be taken as excluding or restricting any statutory rights of the Government, a Minister of the Government or a person acting under the authority of the Government or a Minister of the Government.
Court may give directions in relation to investigation
749. Where the court appoints an inspector under section 747 (1) or 748 (1), the court may from time to time give such directions as it thinks necessary or expedient, whether to the inspector or any other person, including directions given with a view to ensuring that the investigation is carried out as quickly and inexpensively as possible.
Power of inspector to expand investigation into affairs of related bodies corporate
750. (1) Subject to subsection (4), an inspector appointed under section 747 (1) or 748 (1) may investigate the affairs of any other body corporate that is related to the company under investigation if the inspector—
(a) considers that it is necessary for the purposes of the investigation, and
(b) has first obtained the approval of the court.
(2) An inspector who investigates the affairs of a related body corporate shall report on those affairs to the extent that the inspector considers that the results of investigation of the related body corporate are relevant to the investigation of the company.
(3) Without prejudice to the application of section 2 (10), a body corporate that is related to a company includes, for the purposes of this section and sections 753 and 754, a body corporate with which the company has a commercial relationship, and a commercial relationship exists where goods or services are sold or given by one party to another.
(4) The Circuit Court shall only have jurisdiction to grant the approval referred to in subsection (1), if in respect of the latest financial year of the body corporate there referred to that has ended prior to the date of the making of the application for the approval, that body fell to be treated (or, if it were a company, would have fallen to be treated) as a small or medium company by virtue of section 350 , and subsection (7) of section 747 applies for the purposes of this subsection as it applies for purposes of subsection (6)(b) of that section.
Order for inspection of books or documents of company in liquidation
751. (1) On the application of the Director, the court may make an order for the inspection by the Director of any books or documents in the possession of a company that is in the course of being wound up.
(2) The company, every officer of the company and the liquidator shall—
(a) give the Director such access to the books or documents and facilities as are necessary for inspecting or taking copies of the books or documents as the Director may require, and
(b) give all assistance to the Director as it or he or she is reasonably able to give in connection with the Director’s inspection of the books or documents.
(3) Nothing in this section shall be taken as excluding or restricting any statutory rights of the Government or a Minister of the Government or a person acting under the authority of the Government or a Minister of the Government.
Expanded meaning of “officer” and “agent” for purposes of sections 753 to 757
752. In sections 753 to 757 —
(a) any reference to officers and agents includes past, as well as present, officers and agents; and
(b) “agents”, in relation to a company or related body corporate, includes—
(i) the bankers and solicitors of the company or other body corporate; and
(ii) any persons employed by the company or other body corporate as auditors, accountants, book-keepers or taxation advisers, or other persons employed by it in a professional, consultancy or similar capacity, whether those persons are (or were) or are not (or were not) officers of the company or other body corporate.
Duty of company officer or agent to produce books or documents and give assistance
753. (1) Every person who is an officer or agent of a company under investigation by an inspector appointed under section 747 (1) or 748 (1) or of a related body corporate under investigation under section 750 shall—
(a) produce to the inspector all books or documents of or relating to the company or the related body corporate, as the case may be, that are in that person’s possession or under that person’s control;
(b) attend before the inspector when required to do so; and
(c) otherwise give the inspector all assistance in connection with the investigation that that person is reasonably able to give.
(2) The production by a person of a book or document under this section is without prejudice to any lien that that person may claim over the book or document.
Inspector may require other persons to produce books or documents and give assistance
754. (1) This section applies if an inspector appointed under section 747 (1) or 748 (1) considers that a person who is not an officer or agent of the company or related body corporate under investigation possesses or may possess any information concerning the affairs of the company or related body corporate, as the case may be.
(2) In any case to which this section applies, the inspector may require the person in question to—
(a) produce to the inspector all books or documents of or relating to the company or the related body corporate, as the case may be, that are in that person’s possession or under that person’s control;
(b) attend before the inspector when required to do so; and
(c) otherwise give the inspector all assistance in connection with the investigation that that person is reasonably able to give.
(3) A person of whom a requirement is made under subsection (2) shall comply with that requirement.
(4) The production by a person of a book or document under this section is without prejudice to any lien that that person may claim over the book or document.
Supplementary power to compel production of books or documents in relation to certain banking transactions
755. (1) This section applies if an inspector appointed under section 747 (1) or 748 (1) has reasonable grounds for believing that a director (the “director”) of the company or related body corporate under investigation maintains or has maintained a bank account of any description, whether alone or jointly with another person and whether in the State or elsewhere, into or out of which there has been paid money described in subsection (2).
(2) The money referred to in subsection (1) is—
(a) any money that has resulted from, or been used in, the financing of any transaction, arrangement or agreement—
(i) particulars of which have not been disclosed in a note to the financial statements of any company for any financial year as required by section 307 , 308 or 309 ;
(ii) in respect of which any amount outstanding was not included in the aggregate amounts outstanding in respect of certain transactions, arrangements or agreements as required by section 311 to be disclosed in a note to the financial statements of any company for any financial year;
(iii) particulars of which were not included in any register of certain transactions, arrangements and agreements as required by section 312 (1) or section 1120 (including the latter as it is applied by this Act to companies other than public limited companies);
or
(b) any money that has been in any way connected with any act or omission, or series of acts or omissions, that on the part of the director constituted misconduct (whether fraudulent or not) towards the company or body corporate under investigation or its members.
(3) In any case to which this section applies, the inspector may require the director to produce to the inspector all books or documents in the director’s possession or under his or her control relating to the bank account referred to in subsection (1) and the director shall comply with that requirement.
(4) In this section—
“bank account” includes an account with any person who is exempt, by virtue of section 7 (4) of the Central Bank Act 1971 , from the requirement of holding a licence under section 9 of that Act;
“director” includes any present or past director or any person connected, within the meaning of section 220 , with that director and any present or past shadow director.
Power of inspector to examine officers, agents and others
756. (1) An inspector appointed under section 747 (1) or 748 (1) may examine the following persons on oath in relation to the affairs of the company or related body corporate under investigation:
(a) an officer or agent of the company or related body corporate; and
(b) a person referred to in section 754 ;
and an examination under this section of an officer or agent of the company may relate to the related body corporate (as well as the company) and vice versa.
(2) The inspector may conduct the examination orally or through written questions and for the purpose of the examination may—
(a) administer an oath; and
(b) reduce to writing the answers of the person being examined and require that person to sign them.
Court may make order in relation to default in production of books or documents, etc.
757. (1) The court may make any order or give any direction it thinks fit if—
(a) an officer or agent of a company or related body corporate under investigation or a person referred to in section 754 refuses or fails within a reasonable time to—
(i) produce to the inspectors any book or document that it is that person’s duty under sections 753 to 755 to produce;
(ii) attend before the inspectors when required to do so; or
(iii) answer a question put to that person by the inspectors with respect to the affairs of the company or other body corporate as the case may be;
(b) the inspectors have certified the refusal or failure to the court in a certificate signed by them; and
(c) the court has taken the steps set out in subsection (2).
(2) The court may make an order or give a direction under subsection (1) if the court has—
(a) enquired into the case;
(b) heard any witnesses who may be produced against or on behalf of the person alleged to be in default; and
(c) heard any statement made in that person’s defence.
(3) Without prejudice to the generality of subsection (1), the court may, after a hearing under subsection (2), direct that the person concerned—
(a) attend or re-attend before the inspectors or produce particular books or documents or answer particular questions put to that person by the inspectors; or
(b) need not produce a particular book or document or answer a particular question put to that person by the inspectors.
Report of inspectors appointed under section 747 (1) or 748(1)
758. (1) Inspectors appointed under section 747 (1) or 748 (1) may, and if directed by the court shall, make interim reports to the court, and on conclusion of the investigation shall make a final report to the court.
(2) Notwithstanding anything in subsection (1), an inspector appointed under section 747 (1) or 748 (1) may at any time in the course of the investigation, without the necessity of making an interim report, inform the court of matters coming to his or her knowledge as a result of the investigation that tend to show that an offence has been committed.
Distribution of inspectors’ report
759. (1) The court shall provide a copy of every inspectors’ report to the Director.
(2) The court may—
(a) forward a copy of an inspectors’ report to the registered office of the company that is the subject of the report;
(b) provide a copy of an inspectors’ report on request to any of the following:
(i) a member of the company or other body corporate that is the subject of the report;
(ii) a person whose conduct is referred to in the report;
(iii) the statutory auditors of the company or other body corporate;
(iv) if other than the Director, the person or persons who applied for the appointment of the inspectors;
(v) any other person (including an employee or creditor of the company or other body corporate) whose financial interests appear to the court to be affected by the matters dealt with in the report;
(vi) the Central Bank, if the report relates, wholly or partly, to the affairs of a credit institution.
(3) The court may provide a copy of an inspectors’ report to—
(a) an appropriate authority in relation to any of the matters referred to in section 791 (a) to (j); or
(b) a competent authority as defined in section 792 (2).
(4) The court may cause an inspectors’ report to be published in such form and manner as it thinks fit.
(5) The court may direct that a particular part of an inspectors’ report be omitted from a copy that is forwarded or provided under subsection (2) or (3) or a report that is printed and published under subsection (4).
(6) In this section “inspectors’ report” means a report made under section 758 .
Court may make order after considering inspectors’ report
760. (1) After considering a report made under section 758 , the court may make such order as it thinks fit.
(2) An order under subsection (1) may include—
(a) an order of the court’s own motion for the winding up of a body corporate; or
(b) an order for remedying any disability suffered by any person whose interests were adversely affected by the conduct of the affairs of the company that is the subject of the report, provided that in making such an order the court shall have regard to the interests of any other person who may be adversely affected by the order.
Director may present petition for winding up following consideration of report
761. The Director may present a petition for the winding up of a body corporate on the ground that it is just and equitable to do so if the Director considers that such a petition should be presented having regard to—
(a) a report made under section 758 by inspectors appointed under section 747 (1) or 748 (1); or
(b) any information or document obtained by the Director by virtue of the performance by him or her of functions (whether under this Part or otherwise).
Expenses of investigation by court appointed inspector
762. (1) The expenses of and incidental to an investigation by an inspector appointed under section 747 (1) or 748 (1) shall be defrayed in the first instance by the relevant authority.
(2) The court may direct that a body corporate dealt with in the report or the applicant or applicants for the appointment of the inspector shall be liable to repay the relevant authority so much of the expenses as the court directs.
(3) Without prejudice to subsection (2) but subject to subsection (5), where a court enters a conviction or makes an order in a case set out in subsection (4), the court may in the same proceedings order the person referred to in subsection (4) to repay the relevant authority or any person fixed with liability for expenses under subsection (2) so much of the expenses of and incidental to the investigation as the court directs.
(4) The cases mentioned in subsection (3) are—
(a) the court convicts the person on indictment of an offence on a prosecution instituted as a result of the investigation;
(b) the court orders the person to pay damages or restore any property in proceedings brought as a result of the investigation; or
(c) the court awards damages to or orders the restoration of property to the person in proceedings brought as a result of the investigation.
(5) Where a court makes an order for payment of expenses under subsection (3) against a person to whom subsection (4)(c) relates—
(a) the court shall not order payment of expenses that are more than one-tenth of the amount of the damages awarded or of the value of the property restored, as the case may be, and
(b) the order shall not be executed until the person concerned has received the damages or the property has been restored.
(6) In the light of his or her investigation, an inspector may or, if the court so directs, shall recommend in his or her report what directions (if any) he or she considers to be appropriate under subsection (2).
(7) In this section “relevant authority” means—
(a) in the case of an appointment of an inspector or inspectors under section 747 (1), the Minister for Justice and Equality;
(b) in the case of an appointment of an inspector or inspectors under section 748 (1), the Director.
(b) is relevant to the purposes of the investigation.
The text in italics on this page is sourced from the Irish Statute Book and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.
Circuit Court Rules
Investigation of company’s affairs under Part 13 of the Companies Act 2014
: S.I. No. 471 of 2015
Interpretation
1. (1) In this Order, unless the context or subject matter otherwise requires:
the “Act” means the Companies Act 2014;
“company” means a company that, in respect of the latest financial year of the company that has ended prior to the date of the presentation of the originating Notice of Motion, fell to be treated as a small or medium company by virtue of section 350 of the Act, to which any application under this Order relates and, where the context so admits or requires, includes any related company of that company;
the “Director” has the same meaning as in section 2(1) of the Act;
the “Minister” means the Minister for Jobs, Enterprise and Innovation.
(2) Words and expressions contained in this Order shall have the same meaning as in the Act.
Title and venue
2. (1) Every application brought in the Court in relation to a company under Part 13 of the Act shall be entitled in the matter of the company and in the matter of Part 13 of the Companies Act 2014 and where the company is under investigation there shall be added after the name of the company the words “under investigation”.
(2) All applications brought by a creditor or member under this Order shall, in accordance with section 747(9) of the Act, be made to the judge of the Circuit Court:
(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or
(b) if there is no registered office of the company at that time, for the circuit in which the creditor or member resides, or
(c) if there is no registered office of the company at that time and the creditor or member resides outside the State, for the Dublin Circuit.
(3) All applications and proceedings brought by the company or a director of the company under this Order shall, in accordance with section 747(10) of the Act, be made to the judge of the Circuit Court:
(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or
(b) if there is no registered office of the company at that time, for the Dublin Circuit.
(4) All applications and proceedings brought by the Director under this Order shall, in accordance with section 748(8) of the Act, be made to the judge of the Circuit Court:
(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or
(b) if there is no registered office of the company at that time, for the Dublin Circuit.
Application under section 747
3. (1) An application to appoint an inspector or inspectors under section 747(1) of the Act shall be made by originating Notice of Motion. Such an application when not made by the company or a director of the company shall be served on the company and its directors, and when made by a director, shall be served on the company and the other directors, and when made by the company shall be served on its directors.
(2) An application under sub-rule (1) shall be grounded upon an affidavit sworn by or on behalf of the moving party, which shall:
(a) contain a statement that the company is a small company meeting the qualifying conditions referred to in section 350(5) or, as the case may be, a medium company meeting the qualifying conditions referred to in section 350(6) of the Act and verify the satisfaction of the qualifying conditions concerned;
(b) exhibit the letter required by section 747(5) of the Act giving not less than 14 days’ notice to the Director of the intention to make the application and proof of service of that letter on the Director;
(c) set out the grounds of the application and verify any facts relied on.
Application under section 748
4. (1) An application to appoint an inspector or inspectors under section 748 of the Act shall be made by originating Notice of Motion. Such an application shall be served on the company and its directors.
(2) An application under sub-rule (1) shall be grounded upon an affidavit sworn by or on behalf of the Director, which shall:
(a) contain a statement that the company is a small company meeting the qualifying conditions referred to in section 350(5) or, as the case may be, a medium company meeting the qualifying conditions referred to in section 350(6) of the Act and verify the satisfaction of the qualifying conditions concerned;
(b) set out the circumstances mentioned in section 748(1) of the Act relevant to the application and verify any facts relied on.
Application to investigate a related body corporate
5. (1) An application for the approval of the Court to investigate a related body corporate, being a small or medium company within the meaning of section 350 of the Act, under section 750 of the Act shall be by notice of motion by the inspector grounded on an affidavit, which shall:
(a) contain a statement that the related body corporate is a small company meeting the qualifying conditions referred to in section 350(5) or, as the case may be, a medium company meeting the qualifying conditions referred to in section 350(6) of the Act and verify the satisfaction of the qualifying conditions concerned;
(b) set out the reasons why the inspector considers that it is necessary for the purposes of the investigation to investigate the affairs of the related body corporate and verify any facts relied on.
(2) A copy of the notice of motion, grounding affidavit and any exhibits shall be served on the company and on its directors and, if different, on the applicant at whose instance the inspector was appointed.
Order on considering investigator’s report
6. (1) After considering a report made under section 758 of the Act, the Court may make such order as it thinks fit.
(2) If on consideration of a report made to the Court under section 758 of the Act the Court considers that it may be appropriate that an order should be made for the winding up of a body corporate to which the report relates, the Court may refer the proceedings to the High Court, in accordance with section 747(8) or, as the case may be, section 748(7) of the Act, by directing the inspector (unless the Court otherwise directs) to apply to the High Court on notice to the original applicant for the appointment of the inspector and the company to put the report before the High Court for the purpose of considering the making of such an order.
Applications by motion ex parte
7. (1) The following applications shall be made by motion ex parte of the inspector grounded upon an affidavit:—
(a) an application for directions in an investigation under section 749 of the Act;
(b) an application for leave to deliver an interim report to the Court under section 758(1) of the Act;
(c) an application for leave to deliver a final report to the Court under section 758(1) of the Act;
(d) an application for leave to inform the Court of matters under section 758(2) of the Act;
(e) an application as to whether a part of a report should, under section 759(5) of the Act, be omitted from a report to be forwarded, provided, printed or published.
(2) The Court may direct that notice of an application mentioned in sub-rule (1) be given to any person.
Application under section 757
8. (1) An application under section 757 of the Act shall be made by notice of motion of the inspector grounded upon an affidavit. Copies of the notice of motion, affidavit and any exhibit shall be served on every person alleged to be in default, and each such person shall be at liberty to deliver and file a replying affidavit.
Directions and conduct of applications
9. (1) On the hearing of any application made to the Court pursuant to rule 3, rule 4, rule 5, rule 7 or rule 8, the Court may make such order or give such directions as it thinks fit including directions as to whether, and if so, upon which other party notice of the application should be served, the mode of service and the time allowed for such service and may adjourn the hearing or further hearing of such application to date to be specified.
(2) Every application under Part 13 of the Act shall be grounded upon the affidavit of the party making such application and shall be heard and determined on affidavit unless the Court otherwise orders.
(3) Notwithstanding sub-rule (2), the Court may, in any case in which the Court considers that it is either necessary or desirable in the interests of justice so to do, direct a hearing in the matter on oral evidence and may make such order and give such directions in relation to the exchange of pleadings and the settling of issues between the parties as shall appear proper in the circumstances.
[1] Order 53B inserted by SI 471 of 2015, effective 9 November 2015.
Rules of the Superior Courts
Proceedings under Part 13 of the Companies Act 2014 (Investigations)
1. (1) In this Order, unless the context or subject matter otherwise requires:
the “Act” means the Companies Act 2014;
the “company” means the company to which any application under this Order relates and where the context so requires, includes reference to a related company of that company;
the “Director” has the same meaning as in section 2(1) of the Act;
“Minister”, when used without qualification, means the Minister for Jobs, Enterprise and Innovation.
(2) Words and expressions contained in this Order shall have the same meaning as in the Act.
(3) In this Order a reference to a section or subsection is to that section or subsection in the Act unless it is indicated that reference to some other enactment is intended.
2. All applications and proceedings under or in relation to Part 13 of the Act shall be assigned to such Judge or Judges as the President of the High Court shall from time to time assign to hear such applications and proceedings but if such Judge or Judges shall be unable to dispose of such applications or proceedings any other Judge or Judges of the High Court may dispose of any such application or proceedings.
3. (1) The following applications shall be made by originating notice of motion:
(1) an application under section 747(1) of the Act for the appointment of an inspector or inspectors;
(2) an application under section 747(8) or section 748(7) of the Act to bring before the Court an inspectors’ report made to the Circuit Court and referred by the Circuit Court to the Court; such an application shall be made by a person directed by the Circuit Court to do so and shall be served on such persons as have been directed by the Circuit Court to be served;
(3) an application under section 748 of the Act for the appointment of an inspector or inspectors;
(4) an application for an order under section 757 of the Act in any case where the inspector has not been appointed by the Court;
(5) an application under section 767(5) of the Act for the Court to require a person to comply with a requirement of the Director;
(6) an application under section 771 of the Act for an order that restrictions imposed under section 768 of the Act shall cease to apply; such an application if not made by the Minister, the Director or the company, as the case may be, shall be served on the Director and the company and on any other person affected thereby and any application to vary or cancel in accordance with section 775(3) of the Act shall be made by motion on notice;
(7) an application under section 772 of the Act for an order that shares subject to restrictions imposed under section 768 of the Act be sold; such an application if not made by the Director or the company, as the case may be, shall be served on the Director and the company and on any other person affected thereby and any application to vary or cancel in accordance with section 775(3) of the Act shall be made by motion on notice;
(8) an application under section 783 of the Act for an order directing a third party to remedy a default. Such an application shall be served on the third party concerned;
(9) an application under section 786 of the Act for an order that a company that is the subject of a direction given under section 778 of the Act shall be liable to repay the Director expenses of and incidental to the examination of books or documents. Such an application shall be served on the company concerned;
(2) In any application mentioned in sub-rule (1) where the moving party is not the company concerned, copies of the originating notice of motion and any affidavit grounding the application (and any exhibits thereto) shall be served on the company (and on each of its directors) within three days after the originating notice of motion has been filed in the Central Office. In every case, the application shall, subject to the Court’s directions in that regard, also be served on any other person who would be directly affected by the making of the order sought in the application.
(3) Where several of the applications referred to in sub-rule (1) are begun simultaneously by the same applicant or applicants concerning the same company, all of the reliefs may be sought in a single originating notice of motion.
(4) Every application referred to in sub-rule (1) shall be grounded upon the affidavit of the party making the application and shall be heard and determined on affidavit unless the Court otherwise orders.
4. The following applications shall be made by notice of motion where proceedings under Part 13 of the Act involving the company concerned are already in being, and in any other case shall be brought by originating notice of motion (in which case, sub-rules (2), (3) and (4) of rule 3 shall apply):
(1) an application under section 750 of the Act for the approval of the Court to investigate a related company; such an application shall be served on that company and its directors and on the applicant at whose instance the inspector was appointed;
(2) an application under section 757 of the Act in any case where the inspector has been appointed by the Court;
(3) an application under section 762(2) of the Act for the Court to direct the repayment of the expenses of an investigation; such an application shall be served on any person whom it is sought to make liable for the repayment to the relevant authority;
(4) an application under section 766(1) of the Act for the Court to direct the repayment of the expenses of an investigation; such an application shall be served on the company which it is sought to make liable for the repayment to the Director;
(5) an application under section 774 of the Act for an order for the payment out of the proceeds of sale of shares ordered to be sold under section 772 of the Act; such an application shall be served on every other person who was served with notice of the application under section 772 of the Act.
5. If on consideration of a report made to the Court under section 758 of the Act the Court considers that an order should be made for the winding up of a body corporate, the Court may direct the applicant who applied for the appointment of the inspector or inspectors under section 747 or 748 of the Act, as the case may be, or such other person as the Court shall think fit to present a petition for the winding up of the said body corporate. The Court may give such directions in relation to the proceedings to be taken as it thinks fit and may order that the provisions of Order 74, either in whole or in part, shall apply to the winding up as ordered by the Court.
6. The following applications shall be made by motion ex parte:
(1) an application under section 749 of the Act for directions in an investigation;
(2) an application under section 758(1) of the Act for leave to deliver an interim report to the Court;
(3) an application under section 758(1) of the Act for leave to deliver a final report to the Court;
(4) an application under section 758(2) of the Act for leave to inform the Court of matters;
(5) an application under section 759(5) of the Act as to whether a part of a report should be omitted from a report to be forwarded, furnished or printed.
7. Every application to which this Order applies brought in relation to a company under the Act shall be entitled “the High Court” and in the matter of the company and in the matter of the Act and where the company is under investigation there shall be added after the name of the company the words “under investigation” and where the company is in liquidation there shall be added after the name of the company the words “in liquidation” and where the company is in receivership there shall be added after the name of the company the words “in receivership” and where the company is one to which an Examiner has been appointed there shall be added after the name of the company the words “under the protection of the Court”.
8. On the hearing of any application made to the Court pursuant to rule 3 or rule 6, the Court may make such order or orders or give such directions as it thinks fit including directions as to whether, and if so, upon which other party notice of the application should be served, the mode of service and the time allowed for such service and may adjourn the hearing or further hearing of such application to a date to be specified.
9. The Court may, in any case in which the Court considers that it is either necessary or desirable in the interests of justice so to do, direct a plenary hearing in the matter and may make such order and give such directions in relation to the exchange of pleadings and the settling of issues between the parties as shall appear proper in the circumstances.