Section 72: Court to approve composition
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.
72. Court to approve composition
(1) The Court shall approve a composition if it is to be binding.
(2) A composition approved by the Court shall bind all the creditors in
respect of provable debts due to them by the bankrupt.
(3) The Court may refuse to approve a composition where it considers that—
(a) section 69 or 70 has not been complied with;
(b) the terms of the composition are not reasonable or are not calculated to benefit the general body of creditors;
(c) the bankrupt is guilty of misconduct that justifies the Court in
refusing, qualifying or suspending the bankrupt’s discharge; or
(d) for any other reason, it should not approve the composition.
(4) The Court shall not approve a composition where it does not provide
for the payment, before any other debts are paid, of those debts that have
priority under Section E of Sub-part IV of Part III.
(5) The bankrupt or the Official Receiver may apply to the Court to approve a composition.
(6) Notice of the application shall be given to each creditor.
(7) Before approving a composition, the Court shall—
(a) receive a report from the Official Receiver as to the terms of the
composition and the bankrupt’s conduct; and
(b) hear any objection by or on behalf of a creditor.
(8) Where the Court approves a composition, it may correct or supply
any formal or accidental error or omission, but may not alter the substance
of the composition.