CAP. 6]
Application to rescind order, to stay proceedings thereunder or to annul adjudication
R182. Forms 18, 19, 79. Application by Official Receiver.
Report by Official Receiver on application to rescind receiving order or annul adjudication,
R188A. Bankruptcy.
80. (1) An application to the court to rescind a receiving order or to stay proceedings thereunder, or to annul an adjudication, made by any person other than the Official Receiver, shall not be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver. Notice of any such application shall be served on the Official Receiver not less than seven days before the day named in the notice for hearing the application. Pending the hearing of the application the court may make an interim order staying such of the proceedings as it thinks fit.
(2) In any case in which any such application is made by the Official Receiver, four days' notice thereof and a copy of any report in support thereof shall be served on the debtor and the petitioning creditor (if any): Provided that where such service is found to be impracticable by reason that the debtor or the petitioning creditor is out of the Colony or cannot be found at his usual or last known address or place of business no objection shall be taken to the application on the ground of such service not having been effected.
(3) Where an application is made to the court to rescind a receiving order or annul an order of adjudication, the Official Receiver shall make and file four days before the day appointed for hearing the application a report as to the debtor's conduct and affairs, including a report as to his conduct during the proceedings, and the court on the hearing of the application shall hear and consider such report and such further evidence as may be adduced by any party, and any objections which may be made by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the application the report shall be prima facie evidence of the statements therein contained.
(4) For the purposes of this rule "creditor" includes all creditors mentioned in the debtor's statement of affairs or who have notified to the Official Receiver or trustee that they have, or at the date of the receiving order had, claims against the debtor.
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