I move amendment No. 78 :
In subsection (1), page 118, line 27, to delete " in a summary way ".
This was recommended by the court officers who were consulted about the Bill. They advised that it would be better to leave applications of this nature to be covered by rules of court rather than to provide for them in the section.
But it is quite possible that the rules of court would provide for summary summons.
Yes, they could.
This is just bringing it into the form we have now.
There is little, if anything, new here. It is an amalgamation of Sections 45 and 120 of the 1908 Act. This was done on the recommendation of our committee. Subsection (2) is new. It was specifically recommended by the committee. They pointed out that there is often considerable delay before the approval of the court can be granted. In the interval between the issue of the proceedings and the granting of the approval, the creditors may endeavour to get judgment against the company.
There is also the question of the costs.
Yes.
