Revised Laws of Saint Lucia (2021)

CHAPTER 4
RELEASE

603.   Effect of application for release

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    (1)   When the trustee has realised all the property of the bankrupt, or such much as can, in his or her opinion, be realised without needlessly protracting the trusteeship, and distributed a final dividend, if any, or has ceased to act by reason of a composition having been approved, or has resigned, or has been removed from his or her office, the Court shall on his or her application, cause a report on his or her accounts to be prepared, and, on his or her complying with all the requirement of the Court, shall take into consideration the report, and any objection which may be urged by any creditor or person interested against the release of the trustee, and shall either grant or withhold the release accordingly.

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    (2)   Where the release of a trustee is withheld, the Court may on the application of any creditor or person interested, make such order as it thinks just, chagrining the trustee with the consequences of any act or default he or she may have done or made contrary to his or her duty.

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    (3)   An order of the Court releasing the trustee shall discharge him or her from all liability in respect of any act done or default made by him or her in the administration of the affairs of the bankrupt, or otherwise in relation to his or her conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment or any material fact.

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    (4)   Where a trustee has not previously resigned or been removed, his or her release shall operate as a removal of him or her from his or her office, and thereupon the receiver shall be trustee.