Full legislation
s.94
Release of trustee
(1)
When the trustee has realized all the property of the bankrupt or so much
thereof as can, in his opinion, be realized without needlessly protracting the
trusteeship, and distributed a final dividend, if any, or has ceased to act by
reason of a voluntary arrangement having been approved, or has resigned or has been
removed from his office, he shall apply to the court for his release, and if all the
requirements of the court with respect to accounts and with respect to any order of
the court against the trustee have been fulfilled, the court may make an order for
release accordingly.
(Amended
76 of 1996 s. 49
)
(2)
Where the release of a trustee is withheld the court may, on the application of
any creditor or person interested, make such order as it thinks just, charging the
trustee with the consequences of any act or default he may have done or made
contrary to his duty.
(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 bankrupt’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.
(Amended
76 of 1996 s. 72
)
(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.
[cf. 1914 c. 59 s. 93 U.K.]