PRACTICE DIRECTION - 3.5

APPLICATIONS IN WRITING IN THE COMPANIES COURT

1. An application in writing should only be made in respect of the following matters:

1.1 The subject matter is administrative in nature or is simple, unlikely to be contested and in respect of which the contributories or creditors (as the case may be) have no right to be heard, or that they had been consulted and indicated no objection to the same within a reasonable time;

1.2 The Judge or Master seised of the matter directed the application to be made in such manner; or

1.3 Applications described in Part I and Part II of Practice Direction 3.1.

2. Application in writing is not a substitute for an ex parte application where the applicant contends that there are exceptional circumstances which justify the Court dealing with the application in the absence of the defendant/respondent. Such application should be made in accordance with Practice Direction 3.7.

3. An application in writing must be supported by an affidavit made by the office-holder (if the application is made by a provisional liquidator, liquidator or trustee in bankruptcy) and a draft Order[1]. Save in simple cases or where the basis and justification for the direction or order sought has already been stated in the affidavit, the application in writing must be accompanied by written submissions identifying:

3.1 the relevant legal principles: statutory provisions and legal authorities;

3.2 the evidence and facts relied on; and

3.3 how it is contended that the relevant legal principles are satisfied.

4. For all applications in writing, whether made to Judge or Master, the applicant must:

4.1 mark on the front page of the ex parte originating summons and/or affidavit (as appropriate) “Ex parte application before *Judge / Master” (*delete as appropriate). No covering letter is required; and

4.2 approach the Deputy Clerk of Court (Civil) at Room G32 on G/F, who will assign a Judge to deal with the application or pass the application to the Masters (where appropriate), and the applicant should proceed to file the papers at the counters of High Court Registry on LG1/F.

5. The Court will not process any application which fails to satisfy paragraphs 3-4 hereinabove.

6. This Practice Direction supersedes the previous Practice Direction 3.5 on Applications in Writing in the Companies Court dated 27 April 2010.

7. This Practice Direction shall take effect on 17 July 2023.

Dated this 30^th day of June 2023.