CTHRepealedAct
Bankruptcy Act 1924
Power to annul sequestration order.Power to annul sequestration order.
Start here
Get a plain-English read of Power to annul sequestration order.
Turn the raw legal text into a practical explanation grounded in Bankruptcy Act 1924.
### Power to annul sequestration order.
E.B.A., s. 29.
N.S.W., s. 37.
124.—(1.) Where—
(a) in the opinion of the Court a sequestration order ought not to have been made, or
(b) it is proved to the satisfaction of the Court that the debts of the bankrupt are paid in full,
the Court may, on the application of any person interested, annul the sequestration order.
Q., s. 178.
Tas., s. 75.
(2.) Where a sequestration order is annulled under this section, all sales and dispositions of property and payments duly made, and all acts theretofore done, by the official receiver, trustee, or other person acting under their authority, or by the Court, shall be valid, but the property of the debtor shall vest in such person as the Court appoints, or in default of appointment shall revert to the debtor for all his estate or interest therein on such terms and subject to such conditions, if any, as the Court orders.
(3.) Notice of the order annulling a sequestration order shall be forthwith published in the Gazette, and in such other manner as is prescribed, and shall be lodged in the office of the Registrar of Titles or Registrar-General or other proper officer of each State and in such other places as are prescribed.