CTHRepealedAct
Bankruptcy Act 1924
Actions by trustee and bankrupt’s partneActions by trustee and bankrupt’s partners.
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### Actions by trustee and bankrupt’s partners.
E.B.A., s. 117.
N.S.W., s. 118.
Vic., s. 108.
Q., s. 162.
S.A., s. 146.
W.A., s. 104.
Tas., s. 98.
32.—(1.) Where a sequestration order is made against a member of a partnership, the Court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner; and any release by that partner of the debt or demand to which the action relates shall be void.
(2.) Notice of the application for authority to commence the action shall be given to the partner, who may show cause against it, and on his application the Court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not claim any benefit therefrom he shall be indemnified, as the Court directs, against costs in respect thereof.