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Wednesday, 23 March 1966


Mr KILLEN (Moreton) .- I move -

Omit sub-clause (3.), insert the following subclause: - " (3.) The power of the trustee to deal with the debtor's property conferred by the last preceding sub-section does not authorize the trustee to sell the property or any part of it (not being perishable property) except in the ordinary course of business.".

Sub-clause (3.) leaves unbridled the power of the trustee or the solicitor administering the estate. The amendment places a fetter upon the trustee or solicitor and simply says that the trustee or solicitor cannot go on a frolic of his own. It requires that, if he disposes of the property, he must dispose of it in the ordinary course of business. The phrase " in the ordinary course of business " has a technical meaning, and I need not delay the Committee by explaining it. I am glad that the Government has agreed to accept the amendment.







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