ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART X - WINDING UP
DIVISION 4 - PROVISIONS APPLICABLE TO EVERY MODE OF WINDING UP
Subdivision (3) - Effect on other Transactions

 
Section 298. Restriction of rights of creditor as to execution or attachment.
 
Section 298. Restriction of rights of creditor as to execution or attachment. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) Where a creditor has issued execution against the goods or land of a company or has attached any debt due to the company and the company is subsequently wound up, he shall not be entitled to retain the benefit of the execution or attachment against the liquidator unless he has completed the execution or attachment before the date of the commencement of the winding up, but—

    (a) where any creditor has had notice of a meeting having been called at which a resolution for voluntary winding up is to be proposed, the date on which the creditor so had notice shall for the purposes of this section be substituted for the date of the commencement of the winding up;

    (b) a person who purchases in good faith under a sale by the bailiff any goods of a company on which an execution has been levied shall in all cases acquire a good title to them against the liquidator; and

    (c) the rights conferred by this subsection on the liquidator may be set aside by the Court in favour of the creditor to such extent and subject to such terms as the Court thinks fit.

(2) For the purposes of this section—

    (a) an execution against goods is completed by seizure and sale;

    (b) an attachment of a debt is completed by receipt of the debt; and

    (c) an execution against land is completed by sale or, in the case of an equitable interest, by the appointment of a receiver.