Commonwealth Numbered Regulations

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1996 No. 263 BANKRUPTCY REGULATIONS - REG 4.08

Application for damages where petition dismissed
4.08. Where:

   (a)  the Court has made a direction or other order under subsection 50 (1)
        of the Act; and

   (b)  the creditor's petition against the debtor is subsequently dismissed;
        the debtor may, within 21 days after the day on which the petition is
        dismissed, apply to the Court for an order for:

   (c)  the assessment of the amount of any damage resulting from the control
        of the property of the debtor by the Official Trustee or a registered
        trustee in accordance with the order; and

   (d)  the payment by the creditor to the debtor of an amount so assessed. 


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