Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 91

91. (1) Section 176 of the Principal Act is repealed and the following section
substituted:



"176. (1) Where the Registrar is of the opinion, whether as a result of an
account furnished to him in pursuance of section 175 or of an audit under that
section or for any other reason, that the trustee may have been guilty of
malfeasance, misfeasance, negligence, wilful default or breach of trust in
relation to the estate or affairs of the bankrupt, the Registrar may apply to
the Court for an order under sub-section (2).



"(2) The Court may order that the trustee make good any loss that the estate
has sustained by reason of the malfeasance, misfeasance, negligence or wilful
default of, or a breach of trust by, the trustee or may make such other order
as the Court considers just and equitable in the circumstances.".

(2) Notwithstanding the repeal of section 176 of the Principal Act effected 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 acts done, or omitted to be done, in relation to the estate or
affairs of a bankrupt before the commencement of this section as if that
section of the Principal Act had not been repealed.