Chapter: 32 COMPANIES ORDINANCE
Section Num: 168BG Version Date 15/07/2005
General powers of court
(1) The court may, at any time, make any order and give any direction it considers appropriate in respect of any proceedings brought or intervened in by a member of a specified corporation under section 168BC(1), or in respect of an application for leave made under section 168BC(3), including
(a) interim orders pending the determination of the proceedings or application;
(b) directions concerning the conduct of the proceedings or application;
(c) an order directing the specified corporation, or an officer of the specified corporation, to do, or not to do, any act (including the provision by the specified corporation or the officer of such information or assistance as the court may think fit for the purpose of the proceedings or application); and
(d) an order appointing an independent person to investigate and report to the court on
(i) the financial position of the specified corporation;
(ii) the facts or circumstances that gave rise to the proceedings;
or
(iii) the costs incurred by the parties to the proceedings, and by the member who brought or intervened in the proceedings, or made the application.
(2) Where the court makes an order under subsection (1)(d), it may make any other orders it considers appropriate for the purposes of that subsection.
(3) Where the court orders the appointment of an independent person under subsection (1)(d), the court may, at any time
(a) order any or all of the following persons to be liable for any expenses arising out of the investigation
(i) the specified corporation;
(ii) the parties to the proceedings or application;
(iii) the member who brought or intervened in the proceedings, or made the application; and
(b) review, vary or revoke an order made pursuant to paragraph (a).
(4) If an order made pursuant to subsection (3)(a), or the order as varied pursuant to subsection (3)(b), makes 2 or more persons liable for the relevant expenses, the court may also determine the nature and extent of the liability of each of those persons.
(5) The court may, at any time, make any order and give any direction it considers appropriate in relation to sections 168BC(5) and 168BE.
(Part IVAA added 30 of 2004 s. 2)