r. 16.8 16.8 Application to Associate Judge Rule 16.8 (Heading) Every application to which this Part applies must, amended by unless the Court otherwise orders, be made in the S.R. No. 100/2008 first instance to an Associate Judge. rule 21(1)(o). Rule 16.8 amended by S.R. No. 100/2008 rule 21(1)(p). 16.9 Consideration by Associate Judge Rule 16.9 (Heading) amended by S.R. No. 100/2008 rule 21(1)(q). (1) The Associate Judge at or before the hearing of an Rule 16.9(1) amended by application to which this Part applies shall S.R. No. consider whether— 100/2008 rule 21(1)(r)(i). (a) the application has been duly advertised; (b) the affidavit in support of the application and any affidavit of service has been duly filed; (c) the consent in writing of the liquidator to be appointed if a winding up order is made has been obtained and filed; (d) the provisions of these Rules as to applications for a winding up order have been duly complied with; and (e) the notice required by section 470(1)(a) has been duly lodged. (2) If the Associate Judge is satisfied— Rule 16.9(2) amended by S.R. No. (a) that the requirements referred to in subrule 100/2008 (1) have been substantially complied with; rule 21(1)(r)(i). and (b) that the application is unopposed— the Associate Judge shall hear and determine the application.
Rule 16.8 (Heading) amended by S.R. No. 100/2008 rule 21(1)(o). Rule 16.8 amended by S.R. No. 100/2008 rule 21(1)(p). 16.8 Application to Associate Judge r. 16.8 Every application to which this Part applies must, unless the Court otherwise orders, be made in the first instance to an Associate Judge. Rule 16.9 (Heading) amended by S.R. No. 100/2008 rule 21(1)(q). 16.9 Consideration by Associate Judge Rule 16.9(1) amended by S.R. No. 100/2008 rule 21(1)(r)(i). (1) The Associate Judge at or before the hearing of an application to which this Part applies shall consider whether— (a) the application has been duly advertised; (b) the affidavit in support of the application and any affidavit of service has been duly filed; (c) the consent in writing of the liquidator to be appointed if a winding up order is made has been obtained and filed; (d) the provisions of these Rules as to applications for a winding up order have been duly complied with; and (e) the notice required by section 470(1)(a) has been duly lodged. Rule 16.9(2) amended by S.R. No. 100/2008 rule 21(1)(r)(i). (2) If the Associate Judge is satisfied— (a) that the requirements referred to in subrule (1) have been substantially complied with; and (b) that the application is unopposed— the Associate Judge shall hear and determine the application.
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