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Contents  

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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On 25/11/2017, you requested the version as published on or before 25/11/2017.
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Disputed title to property
Claims to property in hands of Official Assignee or trustee to be determined summarily
223.
—(1)  When any property seized or otherwise taken in possession of by the Official Assignee or the trustee under the Act or these Rules is claimed by any person other than the bankrupt, such claim may be determined by the court in a summary manner upon a summons to decide the title to the property.
(2)  The court may, on the hearing of the summons, make such order for the trial and determination of the rights of the parties as it shall think expedient and for the custody or sale in the meanwhile of the property in dispute and the costs thereof which shall be borne by the person making the application.
Summons to be issued by Registrar
224.
—(1)  The Registrar may issue the summons to decide the title to the property without application to a judge.
(2)  Upon the issue of the summons, any proceedings which may have been begun against the Official Assignee or the trustee in respect of any property in dispute as aforesaid shall be stayed and shall not be proceeded with without the leave of the court.