No. 7/2018
INSOLVENCY
Cap. 6:07
made in terms of this Act may, subject to section 31 of the High Court Act [Chapter
7:06], appeal against such order.
(2) The rules applicable to appeals from judgments or orders given in civil
matters by the Court in question apply to appeals contemplated in subsection (I),
subject to subsection (3), with the necessary changes.
(3) Notwithstanding any other law, the noting of an appeal against a final
liquidation order does not have the effect of suspending the operation of any provision
of this Act:
Provided that, pending judgment on appeal, no property belonging to the
insolvent estate may be realised without the written consent of the debtor or, failing
such consent, permission granted by order of Court on an application by an interested
person who has furnished security to the satisfaction of the Court for restitution in the
event of the appeal being successful.
(4) If an appeal against a final liquidation order is allowed, the respondent may
be ordered to pay all liquidation costs.
191 Review
(1) Any person aggrieved by any decision, order or taxation of the Master
or by a decision by the liquidator or by a decision or order of an officer presiding at
a meeting of creditors of an insolvent estate, including the liquidator, may, within
90 days or such further period as the Court may allow for good cause shown, bring
such decision, order or taxation under review by the Court upon notice to the Master,
liquidator or the presiding officer as the case may be and to any other person whose
interests are affected.
(2) If all or most of the creditors are affected by an application referred to in
subsection (1), it is sufficient if notice is given to the liquidator on behalf of the creditors.
(3) The Court reviewing any decision, order or taxation may consider the merits
of any such matter, hear evidence and make any order it considers appropriate:
Provided that it may not re-open any confirmed liquidator's account otherwise
than in terms of section 96.
(4) If the Court on review confirms any decision, order or taxation of the Master
or officer referred to in subsection ( 1) the applicant's costs may not be paid out of the
estate in question unless the Court so directs.
192 Master's fees
The Master must in respect of the matters mentioned in Tariff B of the Second
Schedule, ensure that the fees specified therein are recovered in the manner prescribed
in the Schedule.
193 Custody and destruction of documents
( 1) The Master has custody of all documents relating to an insolvent estate.
(2) The liquidator of an insolvent estate may after one year has elapsed from
the date of confirmation by the Master of the final liquidation account destroy all books,
documents and records in his or her possession relating to the insolvent estate, unless
the Master consents to the earlier destruction of such books, documents or records or
directs that they be retained for a longer period determined by him or her.
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