PART 10BANKRUPTCY

CHAPTER 7Special manager

Application for and order of appointment of special manager (section 370)10.94

1

An application by the interim receiver or trustee under section 370158 for the appointment of a special manager must be supported by a report setting out the reasons for the application. The report must include the applicant’s estimate of the value of the bankrupt’s estate, property or business in relation to which the special manager is to be appointed.

2

The court’s order appointing the special manager must contain—

a

identification details for the proceedings;

b

the name and title of the judge making the order;

c

the name and postal address of the applicant;

d

the name and postal address of the proposed special manager;

e

an order that the proposed special manager is appointed as special manager;

f

details of the special manager’s responsibility over the debtor’s property or the bankrupt’s estate;

g

the powers entrusted to the special manager under section 370(4);

h

the time allowed for the special manager to give the required security for the appointment;

i

the duration of the special manager’s appointment, being one of the following—

i

for a fixed period stated in the order,

ii

until the occurrence of a specified event, or

iii

until the court makes a further order;

j

an order that the special manager’s remuneration will be fixed from time to time by the court; and

k

the date of the order.

3

The appointment of a special manager may be renewed by order of the court.