PART 3
OFFICIAL ASSIGNEE
Evidence on application by Official Assignee
42.—(1)  Where evidence is to be given by the Official Assignee in support of any of the following applications made by the Official Assignee, the evidence may, instead of being given by affidavit, be given by the Official Assignee’s report to the Court:
(a)an application for directions;
(b)an application for leave, or for an extension of time to apply for leave, to disclaim a lease;
(c)an application to reverse or modify any previous act or decision of the Official Assignee;
(d)an application to vary a bankrupt’s monthly contribution and target contribution;
(e)an application to commit a debtor, bankrupt or other person;
(f)an application for an order under section 438(3) of the Act.
(2)  The Official Assignee’s report is prima facie evidence of the matters contained in the report.
Official Assignee’s reports to be prima facie evidence
43.  Where any of the following applications is made to the Court, any report filed by the Official Assignee in respect of the application is prima facie evidence of the matters contained in the report:
(a)an application to annul a bankruptcy order;
(b)an application for the discharge of a bankrupt under section 394 of the Act;
(c)an application to prohibit the Official Assignee from issuing a certificate to discharge a bankrupt under section 395 of the Act;
(d)an application to grant a bankrupt —
(i)leave under section 148 of the Companies Act (Cap. 50) to act as director, or take part in the management, of a corporation; or
(ii)leave under section 34(1) of the Business Names Registration Act 2014 (Act 29 of 2014) to take part in, or be concerned in the management of, any business;
(e)an application to appoint under rule 180 a person to appear for, represent or act for a bankrupt who is an incapacitated person.
Application for directions
44.  The Official Assignee may apply to the Court for directions in relation to any particular matter arising under, or any matter not provided for by, the Act, these Rules or the regulations.
Liability for costs, expenses and damages
45.  Subject to rule 148(3), in every case in which proceedings are taken against the Official Assignee in respect of anything done or any default made by the Official Assignee when acting, or in the reasonable belief in good faith that the Official Assignee is acting, in pursuance of the Act or in execution of the powers given to the Official Assignee by the Act, the costs, damages and expenses which the Official Assignee may have to pay or to which the Official Assignee may be put under such proceedings are to be paid out of the estate of the debtor in question, unless the Court orders that the Official Assignee should be personally liable for them.