CTHRepealedAct
Bankruptcy Act 1924
Removal of trustee.Removal of trustee.
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### Removal of trustee.
E.B.A., s. 95.
N.S.W., s. 90.
Vic., ss. 86, 97.
S.A., s. 124.
W.A., s. 83.
Tas., s. 77 (4).
153.—(1.) The creditors may, by resolution, at a meeting specially called for that purpose, of which seven days’ notice has been given in the prescribed manner, remove a trustee (other than the official receiver) appointed by them, and may at the same or any subsequent meeting appoint another person to fill the vacancy as provided in section one hundred and thirty of this Act in case of a vacancy in the office of trustee.
(2.) If the Court is of opinion—
(a) that the trustee appointed by the creditors is guilty of misconduct, or fails to perform his duties or is, by reason of lunacy, or continued sickness, or absence, incapable of performing his duties, or
(b) that his trusteeship is being needlessly protracted without any probable advantage to the creditors, or
(c) that his connexion with or relation to the bankrupt, or his estate, or any particular creditor, might make it difficult for him to act with impartiality in the interests of the creditors generally,
or if in any other matter he has been removed from office on the ground of misconduct, the Court may remove him from his office of trustee.