Section 350: Power to grant relief
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
350. Power to grant relief
(1) Where, in any proceedings before any Court for negligence, default or
breach of duty against a person to whom this section applies, it appears to
the Court that the person is or may be liable in respect thereof, but that that
person has acted honestly and reasonably and that, having regard to all
circumstances of the case including those connected with the person’s
appointment, the person ought fairly to be excused for the negligence, default or breach of duty, the Court may relieve that person either wholly or
partly from liability on such terms as the Court thinks fit.
(2) Where a person to whom this section applies has reason to apprehend that any claim is likely to be made against him in respect of any negligence, default or breach of duty, that person may apply to the Court for
relief, and the Court shall have the same power to relieve him under this
section as it would have had if it had been a Court before which proceedings
against that person for negligence, default or breach of duty had been
brought.
(3) This section shall apply to—
(a) an officer;
(b) a person employed by a company as auditor;
(c) an expert;
(d) a liquidator; and
(e) a debenture holder’s representative.
Ask juris about this section Official source
Questions this section answers
- Can the Court excuse a director from liability if he acted honestly and reasonably?
- Can I ask the Court in advance for relief if I think a negligence claim might be brought against me?