Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 129

Court may terminate deed
129. (1) Section 236 of the Principal Act is amended by omitting sub-section
(1) and substituting the following sub-section:



"(1) The Court may, upon application by the trustee, a creditor or the debtor,
or, if the debtor has died, the person administering the estate of the debtor,
if it is satisfied-

   (a)  that the debtor, or, if the debtor has died, the debtor or the person
        administering the estate of the debtor, has failed to carry out or
        comply with a provision of the deed of arrangement;

   (b)  that the deed of arrangement cannot be proceeded with without
        injustice or undue delay to the creditors, the debtor or, if the
        debtor has died, the estate of the debtor; or

   (c)  that for any other reason the deed of arrangement ought to be
        terminated, make an order terminating the deed.".

(2) Notwithstanding the amendment of section 236 of the Principal Act made by
sub-section (1) of this section, the provisions of that section of the
Principal Act continue to apply, after the commencement of this section, in
relation to an application made to the Court before the commencement of this
section under that section of the Principal Act as if that amendment had not
been made. 


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