Section 147Part 22 — Joint Debtors
Trustee's right of action when debtor is a member of a firm
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Where the debtor is a member of a partnership, the Trustee administering the debtor's estate under this Act may, when authorised by the Court, bring or prosecute any action in the name of themself and of the debtor's partner.
In such case any release by such partner of the debt or demand to which the action relates shall be void.
Before applying to the Court for authority to bring such action the Trustee shall give notice to the partner, who may show cause against it, and on that partner's application the Court may, if it thinks fit, direct that the partner shall receive that partner's proper share of the proceeds of the action, and shall, if no benefit be claimed by the partner therefrom, be indemnified against costs in respect thereof as the Court directs.