S 99 repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 74 and 215, applicable to trustee decisions that are made after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. S 99 formerly read:
99 APPLICATION TO THE COURT WHERE CREDITOR OR BANKRUPT CONSIDERS PROOF WRONGLY ADMITTED
99(1)
Where a creditor or the bankrupt considers that, by virtue of a decision of the trustee under subsection 102(1), (3) or (4), a proof of debt has been wrongly admitted, he or she may apply to the Court for an order that the proof be expunged or that the amount of the admitted debt be reduced, and the Court may make an order accordingly.
History
S 99(1) amended by No 12 of 1980, s 45.
99(2)
Notice of an application under subsection (1) shall be given in accordance with the rules of court, to the creditor by whom the proof of debt was lodged.
History
S 99(2) amended by No 44 of 1996, Sch 1, Pt 1(190).
99(3)
The costs in relation to an application under subsection (1) are in the discretion of the Court.
99(4)
Where the Court makes an order under this section that a proof of debt be expunged or that the amount of an admitted debt be reduced, the person who proved the debt shall forthwith repay to the trustee any amount received by way of dividend in respect of the expunged proof of debt or any amount received by way of dividend in excess of the amount that he or she would have been entitled to receive if his or her debt had been originally admitted for the reduced amount, as the case requires.
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