Section 147 — Bankruptcy Act 1966 (Cth)

(1) An action for a dividend does not lie against the trustee of the estate of a bankrupt but, if the trustee neglects or refuses to pay a dividend to a creditor, the Court, on the application of the creditor, may, if it thinks fit, order the trustee to pay the dividend and may also order that the trustee pay interest on the dividend for the time that it is withheld and the costs of the application.

(2) Where the Court orders the trustee of the estate of a bankrupt to pay interest on a dividend or to pay the costs of an application under subsection (1), the trustee is personally liable for, and is not entitled to be reimbursed by the estate in respect of, the payment of that interest or those costs.

Related sections

• s 144 — Right of creditor who has not proved debt before declaration of dividend
• s 145 — Final dividend
• s 146 — Distribution of dividends where bankrupt fails to file statement of affairs
• s 148 — Misleading conduct by bankrupt
• s 149 — Automatic discharge
• s 149A — Bankruptcy extended when objection made

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