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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 85

Taxation of costs
85. (1) Section 167 of the Principal Act is amended-

(a) by omitting from sub-section (1) "the taxing officer in the District in
which the trustee resides" and substituting " a taxing officer";

   (b)  by omitting sub-section (2) and substituting the following sub-
        section:



"(2) Sub-section (1) does not require a bill of costs or a bill of charges to
be taxed if-

   (a)  the bill is for an amount less than $300 or such greater amount as is
        prescribed for the purposes of this paragraph;

   (b)  the bill is for services in respect of which a maximum charge is
        prescribed by the rules and is for an amount that does not exceed the
        charge so prescribed;

   (c)  the bill has been taxed by an officer of any court; or

   (d)  the creditors have, by special resolution, authorized payment of the
        bill.";

   (c)  by omitting sub-section (6) and substituting the following sub-
        section:



"(6) Where the trustee proposes to distribute a final dividend, the trustee
shall, not later than 28 days before the date on which the trustee proposes to
do so, request each person whose bill of costs or bill of charges is required
(whether by this section or by an order of the Court) to be taxed to deliver
his bill to a taxing officer."; and

   (d)  by omitting sub-section (9) and substituting the following
        sub-section:



"(9) In this section, 'taxing officer' means a Registrar or Deputy Registrar
or a person authorized in writing by a Registrar, with the approval of the
Court or the Inspector-General, to exercise the powers and perform the
functions of a taxing officer.".

(2) The amendment of section 167 of the Principal Act made by paragraph (1)
(b) of this section does not apply in relation to a bill of cost or bill of
charges rendered before the commencement of this section.

(3) The amendment of section 167 of the Principal Act made by paragraph (1)
(c) of this section does not apply in relation to a final dividend distributed
before the expiration of the period of 2 months commencing on the date of
commencement of this section and, for the purposes of the application of
sub-section 167 (6) of the Principal Act as amended by sub-section (1) of this
section in relation to a dividend distributed after the expiration of that
period, a request made before the expiration of that period by the trustee of
the estate of a bankrupt for the purposes of sub-section 167 (6) of the
Principal Act has effect, after the expiration of that period, as if it had
been made by the trustee for the purposes of sub-section 167 (6) of the
Principal Act as amended by sub- section (1) of this section. 


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