64
CAP. 6]
Bankruptcy
[1986 Ed.
Office of trustee vacated by insolvency. 1914 c. 59, s. 94.
Removal of trustee.
(3) An order of the court releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.
(4) The provisions of subsections (1), (2) and (3) shall apply to the Official Receiver when he is or is acting as trustee, and when the Official Receiver has been released under this section or any previous similar enactment he shall continue to act as trustee for any subsequent purposes of the administration of the debtor's estate but no liability shall attach to him personally by reason of his so continuing in respect of any act done, default made or liability incurred before his release.
(5) Where the trustee has not previously resigned or been removed, his release shall operate as a removal of him from his office, and thereupon the Official Receiver shall be the trustee.
(6) Where on the release of a trustee the Official Receiver is or is acting as trustee, no liability shall attach to him personally in respect of any act done or default made or liability incurred by any prior trustee.
95. If a receiving order is made against a trustee he shall thereby vacate his office of trustee.
96. (1) The creditors may by ordinary resolution, at a meeting specially called for that purpose of which 7 days' notice has been given, remove a trustee, other than the Official Receiver, appointed by them, and may at the same or any subsequent meeting appoint another person to fill the vacancy as provided in case of a vacancy in the office of trustee.
(2) If the court is of opinion-
(a) that a trustee appointed by the creditors is guilty of misconduct or fails to perform his duties under this Ordinance; or
(b) that his trusteeship is being needlessly protracted without any probable advantage to the creditors; or
(c) that he is by reason of lunacy or continued sickness or absence incapable of performing his duties; or
(d) that his connexion with or relation to the bankrupt or his estate or any particular creditor might make it difficult for him to act with impartiality in the interest of the creditors generally; or
(e) that the interests of the creditors require it,
the court may remove him from his office and appoint another person in his place.
64
CAP. 6]
Bankruptcy
[1986 Ed.
Office of trustee vacated by insolvency. 1914 c. 59, s. 94.
Removal of trustee.
1914 c. 59, s. 95.
(3) An order of the court releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.
(4) The provisions of subsections (1), (2) and (3) shall apply to the Official Receiver when he is or is acting as trustee, and when the Official Receiver has been released under this section or any previous similar enactment he shall continue to act as trustee for any subsequent purposes of the administration of the debtor's estate but no liability shall attach to him personally by reason of his so continuing in respect of any act done, default made or liability incurred before his release.
(5) Where the trustee has not previously resigned or been removed, his release shall operate as a removal of him from his office, and thereupon the Official Receiver shall be the trustee.
(6) Where on the release of a trustee the Official Receiver is or is acting as trustee, no liability shall attach to him personally in respect of any act done or default made or liability incurred by any prior trustee.
95. If a receiving order is made against a trustee he shall thereby vacate his office of trustee.
96. (1) The creditors may by ordinary resolution, at a meet- ing specially called for that purpose of which 7 days' notice has been given, remove a trustee, other than the Official Receiver, appointed by them, and may at the same or any subsequent meeting appoint another person to fill the vacancy as provided in case of a vacancy in the office of trustee.
(2) If the court is of opinion-
(a) that a trustee appointed by the creditors is guilty of
misconduct or fails to perform his duties under this Ordin- ance; or
(b) that his trusteeship is being needlessly protracted without
any probable advantage to the creditors; or
(c) that he is by reason of lunacy or continued sickness or
absence incapable of performing his duties; or
(d) that his connexion with or relation to the bankrupt or his estate or any particular creditor might make it difficult for him to act with impartiality in the interest of the creditors generally; or
(e) that the interests of the creditors require it,
the court may remove him from his office and appoint another person in his place.
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