Bankruptcy.
(4) Subject to the provisions of this Ordinance the trustee shall use his discretion in the management of the estate and its distribution among the creditors.
83. If the bankrupt or any of the creditors or any other person is aggrieved by any act or decision of the trustee, he may apply to the court, and the court may confirm, reverse or modify the act or decision complained of, and make such order in the premises as it thinks just.
84. (1) The court shall take cognizance of the conduct of trustees, and in the event of any trustee not faithfully performing his duties and duly observing all the requirements imposed on him by Ordinance, rules or otherwise with respect to the performance of his duties, or in the event of any complaint being made to the court by any creditor in regard thereto by notice duly served on the trustee at least eight clear days before the date of hearing, the court shall inquire into the matter and take such action thereon as may be deemed expedient.
(2) The court may either of its own motion or on the application of the Official Receiver at any time require any trustee to answer any inquiry made by it or him in relation to any bankruptcy in which the trustee is engaged and may examine on oath the trustee or any other person concerning the bankruptcy.
(3) The court may also direct an investigation to be made of the books and vouchers of the trustee.
Remuneration and costs.
[CAP. 6
Appeal to court against trustee
4 & 5 Geo. 5, c. 59, s. 80.
Control of trustee.
Court over
4 & 5 Geo. 5, c. 59, s. 81.
Investigation of trustee.
4 & 5 Geo. 5, c. 59, s. 82.
85. (1) Where the creditors appoint any person to be trustee of a debtor's estate his remuneration (if any) shall be in the nature of a commission or percentage, of which one part shall be payable on the amount realized by the trustee, after deducting any sums paid to secured creditors out of the proceeds of their securities, and the other part on the amount distributed in dividend. Such percentages shall be as the court may approve or as may be prescribed.
(2) The remuneration shall cover all expenses except actual out-of-pocket expenses properly incurred and no
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