Wednesday 22 January 2014

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BANKRUPTCY ACT 1966 - SECT 176

Court may order trustee to make good loss caused by breach of duty
(1) Where, on application by the Inspector-General or by a creditor who has or had a debt provable in the bankruptcy, the Court is satisfied that a person who is or has been a trustee of a bankrupt's estate has been guilty (whether before or after the commencement of this section) of breach of duty in relation to the bankrupt's estate or affairs, subsection (2) applies.

(2) The Court may make any one or more of the following orders:

(a) an order directing the person to make good any loss that the bankrupt's estate has sustained because of the person's breach of duty;

(b) if the person is a registered trustee--an order directing the Inspector-General to cancel the person's registration as a trustee;

(c) any other order that the Court considers just and equitable in the circumstances.

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