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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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Disclaimer of lease
Disclaimer of lease without leave
222.
—(1)  A lease may be disclaimed without the leave of the court where the bankrupt has not sub-let the demised premises or assigned the lease or created a mortgage or charge upon the lease, and —
(a)
the rent of the property leased is less than $500 per month; or
(b)
the Official Assignee or the trustee serves the lessor with notice in Form 35 of his intention to disclaim, and the lessor does not within 3 days after the receipt of such notice give notice to the Official Assignee or the trustee, as the case may be, requiring the matter to be brought before the court.
(2)  Except as provided by this rule and by section 110 of the Act, the disclaimer of a lease without the leave of the court shall be void.
(3)  Where in pursuance of notice by the Official Assignee or the trustee of his intention to disclaim a lease, the lessor, sub-lessee or mortgagee requires the Official Assignee or the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee or mortgagee shall not be allowed out of the estate of the bankrupt unless the court is satisfied that the application was necessary in order to do justice between the parties.
(4)  A disclaimer made without the leave of the court under this rule shall not be void or otherwise affected by reason only that notice of intention to disclaim required by this rule has not been given to some person who claims to be interested in the demised property.
(5)  Where any person claims to be interested in any property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Assignee or the trustee, furnish a statement of the interest so claimed by him.
(6)  A notice of disclaimer of a lease shall be in Form 36.