1986 Ed.]
Bankruptcy
[CAP. 6
65
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PART VI
CONSTITUTION, PROCEDURE AND POWERS OF COURT
Jurisdiction
97. (1) Subject to the provisions of this Ordinance, the court shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.
(2) If in any proceeding in bankruptcy there arises any question of fact which either of the parties desires to be tried before a jury instead of by the court itself or which the court thinks ought to be tried by a jury, the court may, if it thinks fit, direct the trial to be had with a jury and the trial may be had accordingly.
Review and appeals
98. (1) The court may review, rescind or vary any order made by it under its bankruptcy jurisdiction.
(2) Every order of the court shall be subject to appeal to the Court of Appeal. The appeal shall be commenced within 21 days from the time when the decision appealed against is pronounced or made. (Amended, 92 of 1975, s. 59)
Procedure
99. (1) The rules and practice of the Supreme Court for the time being for regulating the ordinary civil procedure of the court shall, so far as the same may be applicable and not inconsistent with the provisions of this Ordinance, be applied to bankruptcy proceedings, and every order of the court made in connection with bankruptcy proceedings may be enforced in the same way as a judgment of the court made in respect of any other civil proceedings may be enforced.
(2) The Registrar shall in cases of urgency have power to make interim orders and to hear and determine unopposed or ex parte applications and any order so made shall, subject to an appeal to the court, be deemed to be an order of the court.
99A. (1) Unless otherwise ordered by the court in a particular case, the Registrar may exercise and perform the powers and duties conferred or imposed upon the court by sections 19 and 29.
(2) The Registrar may, if he exercises the jurisdiction conferred on him by subsection (1)—
General power of court.
1914 c. 59, s. 105.
Rules.
Form 133.
Review and appeals in bankruptcy.
1914 c. 59, s. 108.
General rules of procedure.
Jurisdiction of Registrar.
1986 Ed.]
Bankruptcy
[CAP. 6
65
-
PART VI
CONSTITUTION, PROCEDURE AND POWERS OF COURT
Jurisdiction
97. (1) Subject to the provisions of this Ordinance, the court shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete dis- tribution of property in any such case.
(2) If in any proceeding in bankruptcy there arises any ques- tion of fact which either of the parties desires to be tried before a jury instead of by the court itself or which the court thinks ought to be tried by a jury, the court may, if it thinks fit, direct the trial to be had with a jury and the trial may be had accordingly.
Review and appeals
98. (1) The court may review, rescind or vary any order made by it under its bankruptcy jurisdiction.
(2) Every order of the court shall be subject to appeal to the Court of Appeal. The appeal shall be commenced within 21 days from the time when the decision appealed against is pronounced or made. (Amended, 92 of 1975, s. 59)
Procedure
99. (1) The rules and practice of the Supreme Court for the time being for regulating the ordinary civil procedure of the court shall, so far as the same may be applicable and not inconsistent with the provisions of this Ordinance, be applied to bankruptcy proceed- ings, and every order of the court made in connexion with bank- ruptcy proceedings may be enforced in the same way as a judgment of the court made in respect of any other civil proceedings may be enforced.
(2) The Registrar shall in cases of urgency have power to make interim orders and to hear and determine unopposed or ex parte applications and any order so made shall, subject to an appeal to the court, be deemed to be an order of the court.
A
99A. (1) Unless otherwise ordered by the court in a particular case, the Registrar may exercise and perform the powers and duties conferred or imposed upon the court by sections 19 and 29.
(2) The Registrar may, if he exercises the jurisdiction con- ferred on him by subsection (1)—
General power of
court.
1914 c. 59, s. 105.
Rules.
Form 133.
Review and appeals in bankruptcy.
1914 c. 59, s. 108.
General rules of procedure.
Jurisdiction of Registrar.
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