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AI Summary of 612. Power of court to assess damages against certain persons

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 6 July 2022 - onwards
Version 3 of 3

612. Power of court to assess damages against certain persons

(1) Subsection (2) applies if in the course of winding up a company it appears that -

(a) any person who has taken part in the formation or promotion of the company, or

(b) any past or present officer, liquidator, provisional liquidator or examiner of the company, or receiver of the property of the company,

has misapplied or retained or become liable or accountable for any money or property of the company, or has been guilty of any misfeasance or other breach of duty or trust in relation to the company.

(2) The court may, on the application of the Authority or the liquidator or any creditor or contributory of the company, examine into the conduct of the promoter, officer, liquidator, examiner or receiver, and compel him or her -

(a) to repay or restore the money or property or any part of it respectively with interest at such rate as the court thinks just, or