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Examinations
The liquidator can apply for a summons for the examination under oath of persons who might be able to give information about the company’s examinable affairs. There are two types:
- • a mandatory summons which the court must issue where the examinee is or has during the 2 years before the winding up began been, an officer of the company; and
- • a discretionary summons where another person is sought to be examined.
In both cases, the application is supported by a sealed affidavit only available to the examinee with leave of the court. The examinee can be directed to produce documents when attending. Examination is generally in public under the direction of the court. A person is not excused from answering questions on the grounds of self-incrimination, but if an objection is taken, the answer can only be used against him or her in a prosecution for perjury. Otherwise, the court can direct the examinee to sign the transcript and it can be used in evidence against that person.
See Examinations.
