PRACTICE DIRECTION - 3.5

APPLICATIONS IN WRITING IN THE COMPANIES COURT

1.    It is becoming an increasingly common practice in the Companies Court for provisional liquidators, liquidators and their respective legal advisers to apply by letter for directions and substantive orders instead of making the application by summons.  While the Court may insist on a summons being taken out, it has dealt with applications made by letter in appropriate cases.  However, some of these applications do not identify the relevant legal principles or explain how it is said that they are satisfied. This Practice Direction is issued to address this problem.

2.    Save in simple cases or where the basis and justification for the direction or order sought is self-evident, any application by letter must be supported by submissions identifying:

(a)    the relevant legal principles: statutory provisions and legal authorities;

(b)    the evidence and facts relied on; and

(c)    how it is contended that the relevant legal principles are satisfied.

3.    The Court will not process any application which fails to satisfy paragraph 2 hereinabove.

4.    This Practice Direction only applies to applications made to the Companies Judge on or after the effective date of this Practice Direction.

5.    This Practice Direction does not affect applications made to the Master in charge of the Company List.  Such applications must be made by way of a summons, and, if necessary, supported by an affidavit or affirmation.

6.    This Practice Direction will come into effect on 19 May 2010.

Dated this 27th day of April 2010.