Bankruptcy Act 1988

Power to stay or restrain proceedings against bankrupt.

(New: cf. 33/1963, s. 217)

137

137. (1) The Official Assignee may—

( a) where any proceedings against the bankrupt are pending in the High Court or on appeal in the Supreme Court, apply to the court in which the proceedings are pending for a stay of proceedings therein, and

( b) where any other proceedings are pending against the bankrupt, apply to the High Court to restrain further proceedings therein,

and the court to which the application is made may grant the application on such terms and for such period as it thinks fit.

( cf. 1857, s. 262 in pt.)

(2) Where any proceedings against a bankrupt are stayed or restrained in pursuance of subsection (1), the following provisions shall have effect:

( a) the creditor shall not be liable for any costs incurred by the bankrupt or the Official Assignee in such proceedings;

( b) if the proceedings have been instituted against the bankrupt jointly with any other person, the proceedings against that other person shall not thereby be affected.