105Supreme Court may appoint receiver

#### 105 Supreme Court may appoint receiver 105 Supreme Court may appoint receiver > > (1) The Supreme Court may, on the application of the Secretary, appoint a receiver of all or any of the property of a licensee and may make the appointment whether or not the licensee has been notified of the application or is a party to the proceedings. > > > (2) Such an application may be made by the Secretary only if— > > > > > (a) the licensee has made a request to the Secretary for the appointment of a receiver, or > > > > > (b) the licensee’s licence has been cancelled or suspended, or > > > > > (c) the Secretary is of the opinion (whether as a consequence of a determination by the Secretary under Part 10 of the [Property and Stock Agents Act 2002](/view/html/inforce/current/act-2002-066) as applied by section 88 of this Act or otherwise) that there has been, or that there may have been, a failure to account by the licensee, or > > > > > (d) the Secretary is of the opinion that a person is unable to obtain payment or delivery of property held by the licensee because the licensee— > > > > > > > (i) is mentally or physically infirm, or > > > > > > > (ii) is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit, or > > > > > > > (iii) is an inmate within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), or > > > > > > > (iv) has died, or > > > > > > > (v) has abandoned his or her conveyancing business, > > > > and if the Secretary is of the opinion that it is necessary for the application to be made in order to protect the interests of other persons. > > > (3) Nothing in this Division prevents a manager of a licensee’s conveyancing business from being appointed as a receiver of the licensee’s property. > > **s 105:** Am 2018 No 5, Sch 2.5\[1\].