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(2) Where any claimant required to produce any futures contracts, documents or statements of evidence under subsection (1) fails to produce them within 1 month or such longer period as the Exchange Company may allow in any particular case, the Exchange Company may, if it is satisfied that the futures contracts, documents or statements of evidence are in the possession of, or available to, the claimant, disallow the claimant's claim. (Amended 61 of 1985 s. 41)
92. Court proceedings to establish a claim against the compensation fund
(1) Subject to subsection (2), a person whose claim for compensation under this Part has been disallowed or partially allowed by the Exchange Company or on appeal under section 90 may commence proceedings in a court against the Exchange Company to establish his claim. (Amended 61 of 1985 s. 42)
(2) Except with the leave of the court, no proceedings against the Exchange Company under subsection (1) may be commenced after the expiration of 1 month after the service of the notice under section 90(3) or of the result of any appeal. (Amended 61 of 1985 s. 42)
(3) Proceedings brought against the Exchange Company to establish a claim for compensation under this Part shall be by action as for a debt due from the Exchange Company.
93. Supplementary provisions relating to court proceedings
In any proceedings brought under section 92—
(a) all defences that are available to the person or persons in relation to whom the claim arose shall be available to the Exchange Company;
(b) all questions as to costs shall be in the discretion of the court; and
(c) evidence which is admissible against the shareholder or against any other person by whom it is alleged a default was committed is admissible to prove the commission of the default, notwithstanding that the shareholder or other person is not the defendant in or a party to those proceedings.
94. Court order establishing the claim
Where, in any proceedings brought under section 92, a court is satisfied that the default on which the claim is founded was actually committed and that the claimant otherwise has a valid claim, the court shall by order—
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(2) Where any claimant required to produce any futures contracts, documents or statements of evidence under subsection (1) fails to produce them. within 1 month or such longer period as the Exchange Company may allow in any particular case, the Exchange Company may, if it is satisfied that the futures contracts, documents or statements of evidence are in the possession of, or available to, the claimant, disallow the claimant's claim. (Amended 61 of 1985 s. 41)
92. Court proceedings to establish a claim
against the compensation fund
(1) Subject to subsection (2), a person whose claim for compensation under this Part has been disallowed or partially allowed by the Exchange Company or on appeal under section 90 may commence proceedings in a court against the Exchange Company to establish his claim. (Amended 61 of 1985 5.42)
(2) Except with the leave of the court, no proceedings against the Exchange Company under subsection (1) may be commenced after the expiration of 1 month after the service of the notice under section 90(3) or of the result of any appeal. (Amended 61 of 1985 s. 42)
(3) Proceedings brought against the Exchange Company to establish a claim for compensation under this Part shall be by action as for a debt due from the Exchange Company.
93. Supplementary provisions relating to court proceedings
In any proceedings brought under section 92-
(a) all defences that are available to the person or persons in relation to whom the claim arose shall be available to the Exchange Company;
(b) all questions as to costs shall be in the discretion of the court; and (c) evidence which is admissible against the shareholder or against any other person by whom it is alleged a default was committed is admissible to prove the commission of the default, notwithstanding that the shareholder or other person is not the defendant in or a party to those proceedings.
94. Court order establishing the claim
Where, in any proceedings brought under section 92, a court is satisfied that the default on which the claim is founded was actually committed and that the claimant otherwise has a valid claim, the court shall by order—
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