31Power to grant relief from liability

31 Power to grant relief from liability

31 Power to grant relief from liability

(1) This section applies to an officer or member of staff of a Corporation.

(2) If, in a proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of duty in the person’s capacity as a person to whom this section applies, it appears to the court that—

(a) the person is or may be liable for the negligence, default or breach, but

(b) the person has acted honestly and, having regard to all the circumstances of the case (including circumstances connected with the person’s appointment) the person ought fairly to be excused for the negligence, default or breach,

the court may relieve the person (in whole or part) from liability on terms that the court considers appropriate.

(3) If a person to whom this section applies believes that a claim will or might be made against the person for negligence, default, breach of trust or breach of duty as a person to whom this section applies, the person may apply to the Supreme Court or the District Court for relief.

(4) The court has the same power to relieve the person as it would have if a proceeding had been brought against the person in the court for the negligence, default or breach.

(5) If a proceeding mentioned in subsection (2) is being tried by a Judge with a jury, the Judge may withdraw the case (in whole or part) from the jury and direct that judgment be entered for the defendant on the terms (as to costs or otherwise) that the Judge considers appropriate if the Judge is satisfied, after hearing the evidence, that the defendant ought under that subsection be relieved (in whole or part) from the liability sought to be enforced against the person.