Bankruptcy Regulations 1996

PART 4 - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY  

Division 2 - Petitions  

REGULATION 4.08  

4.08   APPLICATION FOR DAMAGES WHERE PETITION DISMISSED  

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.