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Rule 1.33 Power of courtF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 1.33(1)(2) words substituted by Insolvency 2010 Sch. 1 para. 23(2)
  • rule 1.33(4) words substituted by Insolvency 2010 Sch. 1 para. 23(2)
  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

On hearing the application for conversion into winding up the court may make such order as it thinks fit.

(2)

If the court makes an order for conversion into winding up the order may contain all such consequential provisions as the court deems necessary or desirable.

(3)

Without prejudice to the generality of paragraph (1), an order under that paragraph may provide that the company be wound up as if a resolution for voluntary winding up under section 84 were passed on the day on which the order is made.

(4)

Where the court makes an order for conversion into winding up under paragraph (1), any expenses properly incurred as expenses of the administration of the voluntary arrangement in question shall be a first charge on the company’s assets.

Annotations

Textual amendments

F1

Pt. 1 Chs. 7, 8 inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 4(4) (with rule 3)