- Laws of Fiji

Last Updated: 24 June 2022

[COM 567] Power to order public examination of promoters and officers567

567

(1) Where an order has been made for winding up a company by the court, and the Official Receiver has made a further report under this Act stating that, in the Official Receiver's opinion, a fraud has been committed by any person in the promotion or formation of the company or by any officer of the company in relation to the company since its formation, the court may, after consideration of the report, direct that that person or officer must attend before the court on a day appointed by the court for that purpose and be publicly examined as to the promotion, formation or the conduct of the business of the company or as to the officer’s conduct and dealings.

(2) The Official Receiver must take part in the examination, and, for that purpose, may, if specially authorised by the court in that behalf employ a barrister and solicitor.

(3) The liquidator, where the Official Receiver is not the liquidator, and any creditor or contributory may also take part in the examination, either personally or through a barrister and solicitor.

(4) The court may put such questions to the person examined as the court thinks fit.

(5) The person examined must be examined on oath and must answer all such questions as the court may put or allow to be put to the person.

(6) A person cannot refuse to answer a question on examination on the basis that the answer may incriminate the person, however, if before the person answers a question on examination and the person states that the answer may incriminate the person, the answer is not admissible in evidence against the person in a criminal proceeding.

(7) A person ordered to be examined under this section must, at the person’s own cost, before the examination, be furnished with a copy of the Official Receiver's report, and may, at the person's own cost, employ a barrister and solicitor, who must be at liberty to put to the person such questions as the court may deem just for the purpose of enabling the person to explain or qualify any answers given by the person, provided that, if any such person applies to the court to be exculpated from any charges made or suggested against the person, it must be the duty of the Official Receiver to appear on the hearing of the application and call the attention of the court to any matters which appear to the Official Receiver to be relevant and, if the court, after hearing any evidence given or witnesses called by the Official Receiver, grants the application, the court may allow the applicant such costs as, in its discretion, it may think fit.

(8) Notes of the examination must be taken down, in writing, and must be read over to or by, and signed by, the person examined, and may then be used in evidence against the person, and must be open to the inspection of any creditor or contributory at all reasonable times.

(9) The court may, if it thinks fit, adjourn the examination from time to time.