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Part 9 · Provisions Applicable in Judicial Management and Winding Up

232. Court order vesting disclaimed property

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(1)

This section and section 233 apply where a judicial manager or liquidator has disclaimed property under section 230.

(2)

An application under this section may be made to the Court by —

(a)

any person who claims an interest in the disclaimed property; or

(b)

any person who is under any liability in respect of the disclaimed property, not being a liability discharged by the disclaimer.

(3)

The Court may, on an application made under subsection (2), make an order to set aside the disclaimer or make such order as the Court thinks just, where the injury caused by the disclaimer outweighs any advantage likely to be gained by the judicial manager or liquidator.

(4)

The Court may, on an application made under subsection (2), also make an order, on such terms as the Court thinks fit, for the vesting of the disclaimed property in, or for its delivery to —

(a)

a person entitled to the disclaimed property or a trustee for such a person; or

(b)

a person subject to a liability mentioned in subsection (2)(b) or a trustee for such a person.

(5)

The Court must not make an order under subsection (4)(b) except where it appears to the Court that it would be just to do so for the purpose of compensating the person subject to the liability in respect of the disclaimer.

(6)

The effect of any order under this section must be taken into account in assessing for the purpose of section 230(5) the extent of any loss or damage sustained by any person in consequence of the disclaimer.

(7)

An order under this section vesting property in any person —

(a)

need not be completed by conveyance, assignment or transfer; but(b)does not have any effect or operation in transferring or otherwise vesting land until the appropriate entries are made with respect to the vesting of land by the appropriate authority.

Report

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules