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Section 207: Relief from liability

Insolvency Act · PART III: WINDING UP AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

207. Relief from liability (1) The Court may relieve a person who has acted as a receiver from any personal liability incurred in the course of the receivership where it is satisfied that— (a) the liability was incurred solely by reason of a defect in the appointment of the receiver or in the instrument or order of the Court by or under which the receiver was appointed; and [Issue 3] I14 – 120 Revised Laws of Mauritius (b) the receiver acted honestly and reasonably and ought, in the circumstances, to be excused. (2) The Court may exercise its powers under subsection (1) subject to such terms as it thinks appropriate. (3) A person in whose interests a receiver was appointed is liable, subject to such terms as the Court thinks appropriate, to the extent to which the receiver is relieved from liability under subsection (1).

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