334. Restoration of money etc.

(iv)     Liability of the Trustee

334.     Restoration of money etc.

Where, on an application under the Insolvency Act 1986, 1the court is satisfied:

  1.  

    (1)     that the trustee of a bankrupt's estate has misapplied or retained, or become accountable for, any money or other property comprised in the bankrupt's estate; or

  2.  

    (2)     that a bankrupt's estate has suffered any loss in consequence of any misfeasance or breach of fiduciary or other duty by a trustee of the estate in the carrying out of his functions,

the court may order the trustee, for the benefit of the estate, to repay, restore