Article 79 Application to court
An application to court under paragraph 80 for an order ending a postal administration shall have attached to it a progress report for the period since the last progress report (if any) or the date the company entered postal administration and a statement indicating what the postal administrator thinks should be the next steps for the company (if applicable).
Where such an application is made the applicant shall—
give notice in writing to the applicant for the postal administration order (unless the applicant in both cases is the same) and the creditors of their intention to apply to court at least 5 business days before the date that they intend to make their application; and
attach to the application to court a statement that they have notified the creditors, and copies of any response from creditors to that notification.
Where the application is made otherwise than by the postal administrator—
the applicant shall also give notice in writing to the postal administrator of their intention to apply to court at least 5 business days before the date that the applicant intends to make their application; and
upon receipt of such written notice the postal administrator shall, before the end of the 5 day period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the company entered postal administration.
Where the postal administrator applies to court under paragraph 80 in conjunction with a petition under Article 104 of the 1989 Orderf1for an order to wind up the company, the postal administrator shall, in addition to the requirements of paragraph (3) of this Rule, notify the creditors whether the postal administrator intends to seek appointment as liquidator.
Annotations
Footnotes
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1989/2405 (N.I.19); Article 104 was amended by Article 26 of, and paragraph 16 of Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)), by Article 8 of the Companies (No.2) Order 1990 (S.I. 1990/1504 (N.I.10)), by Article 3 of, and paragraph 8 of Schedule 1 to, the Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3152 (N.I. 6)), by S.R. 2002 No.334, by S.R. 2004 No.417, by S.I. 2006/2078, by S.I. 2007/1093 and by S.I. 2009/1941.