CTHRepealedAct
Bankruptcy Act 1924
Further public examination of bankrupt.Further public examination of bankrupt.
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### Further public examination of bankrupt.
S.A., ss. 171, 172, 174.
69.—(1.) If, within the prescribed time after sequestration, the bankrupt has not obtained a discharge, the Court may, on the application of the official receiver or trustee, hold a public sitting on a day to be appointed by the Court for the examination (if the debtor has not previously been examined) or (if he has previously been examined) the further examination of the bankrupt as to his conduct, trade dealings, property and affairs.
(2.) Notice of the day appointed for the examination shall be given by the official receiver to the creditors.
(3.) The Court shall make an order directing the bankrupt to attend the Court at the appointed time, and, if the bankrupt, after being served with the order, fails without reasonable excuse to attend, he shall be guilty of contempt of Court.
(4.) The official receiver or trustee may take part in the examination, and the official receiver, for that purpose, if specially authorized by the Registrar, may employ a barrister, solicitor, or attorney.
(5.) The trustee shall report in writing to the Court on the realization and position of the bankrupt’s affairs.
(6.) The reports shall be read in the Court, and any creditor of the bankrupt may question him concerning his affairs and the realization of his estate.
(7.) The Court may put or allow such questions to be put to the bankrupt as it thinks fit.
(8.) The bankrupt shall be examined upon oath, and shall answer all such questions as the Court puts or allows to be put to him.
(9.) Such notes of the examination as the Court thinks proper shall be taken down in writing, and, after being read over either to or by the bankrupt and signed by him, may be used in evidence against him, and shall be open, at all reasonable times, to the inspection of the official receiver, the trustee, the bankrupt, or any creditor of the bankrupt, or the agent of any such person, without fee, and to the inspection of any other person on payment of the prescribed fee.
(10.) Any person who untruthfully states that he is the official receiver, the trustee, the bankrupt, or a creditor of the bankrupt, or the agent of any such person, and is allowed, by virtue of that statement, to inspect the notes of the examination without payment of the prescribed fee, shall be guilty of an offence.
Penalty: Five pounds.
(11.) When the Court is of opinion that the affairs of the bankrupt have been sufficiently investigated, it may—
(a) order the bankrupt to apply forthwith or within a time to be stated for an order of discharge; or
(b) determine when and subject to what conditions the discharge shall be granted, and, for this purpose, exercise the same powers and jurisdiction as in the case of an application therefor by the bankrupt; or
(c) make an order fixing a date after which the trustee’s right to any property acquired by the bankrupt in the course of trade or as earnings shall cease.