1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 37
(3) The application may be made ex parte and without notice, but in any case in which the court thinks it desirable the court may require such notice of the application as it thinks necessary to be given to the Official Receiver or trustee (if any) or to the petitioning creditor or to the person alleged to be a lunatic, or to any other person, and for that purpose may adjourn the hearing of the application.
(4) Where the application is made by some person other than the Official Receiver, it shall be supported by an affidavit of a medical practitioner as to the physical and mental condition of the lunatic. Where the application is made by the Official Receiver, it may be supported by a report of the Official Receiver, the contents of which shall be received as prima facie evidence of the facts therein stated.
(5) When a person has been appointed under this rule, any notice under the Ordinance and rules served on or given to such person shall have the same effect as if the notice had been served on or given to the lunatic.
Administration of estates of deceased insolvents
144. A creditor's petition, and a petition by the legal personal representative of the deceased, under section 112 of the Ordinance shall be verified by affidavit.
(Subsidiary)
(Cap. 6.)
Verification of petition. R299. (Cap. 6.) Forms 134, 135.
145. The provisions of rule 52 as to deposits on presentation of a petition shall apply to petitions presented by a creditor or by a legal personal representative under section 112 of the Ordinance.
146. Where an administration order under section 112 of the Ordinance is made, such order shall be gazetted and advertised in the same manner in all respects as an order of adjudication is gazetted and advertised.
147. (1) The petition shall, unless the court otherwise directs, be served on each executor who has proved the will or, as the case may be, on each person who has taken out letters of administration or, if there is no personal representative in the Colony, on the Official Administrator. The court may also, if the court thinks fit, order the petition to be served on any other person.
(2) Service shall be proved in the same way as in the case of an ordinary creditor's petition, and the petition shall be heard in the like manner.
(3) Where any executor or administrator or the Official Administrator, as the case may be, intends to show cause against the petition, he shall file with the Official Receiver a notice specifying the grounds on which he intends to show cause and shall transmit by post to the petitioning creditor, or to his solicitor, a copy of the notice, in each case three days before the day on which the petition is to be heard.
(Cap. 6.)
Gazetting. R.300. (Cap. 6.) Form 136.
Service. R301.
L.N. 33 of 123 1/2 + G.N.A. 124/55.