Civil Liability Act 1961

Proof of claims for damages or contribution in bankruptcy.

61

61. (1) Notwithstanding any other enactment or any rule of law, a claim for damages or contribution in respect of a wrong shall be provable in bankruptcy where the wrong out of which the liability to damages or the right to contribution arose was committed before the time of the bankruptcy.

(2) Where the damages or contribution have not been and cannot be otherwise liquidated or ascertained, the court may make such order as to it seems fit for the assessment of the damages or contribution, and the amount when so assessed shall be provable as if it were a debt due at the time of the bankruptcy.

(3) Where a claim for contribution or in respect of a judgment debt for contribution is provable in bankruptcy, no such proof shall be admitted except to the extent that the claimant has satisfied the debt or damages of the injured person, unless the injured person does not prove in respect of the wrong or debt.

Annotations:

Modifications (not altering text):

C28

Application of section modified (1.01.1989) by Bankruptcy Act 1988 (27/1988), s. 75, S.I. No. 348 of 1988.

Debts provable in bankruptcy and arrangements.

75. ...

(3) Where all necessary parties agree, an order for assessment of damages or contribution under section 61 (2) of the Civil Liability Act, 1961, may be made by the Court, notwithstanding that it may not be the court by or before which the claim for damages or contribution falls to be determined.

...

C29

Application of section not affected (1.01.1989) by Bankruptcy Act 1988 (27/1988), s. 76 and sch. 1, para. 18, S.I. No. 348 of 1988.

Proof of debts.

( cf. 1857, s. 246 in pt.)

76.The provisions of the First Schedule shall apply in relation to the proof of debts.

FIRST SCHEDULE

Proof of Debts

...

18. This Schedule is without prejudice to section 61 of the Civil Liability Act, 1961 (which provides for proof of claims for damages or contribution in respect of a wrong) and section 62 of the said Act (which provides for the application of moneys payable under certain policies of insurance where the insured becomes a bankrupt).

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