337 Remedy against delinquent officers

(1) Where in the course of the winding up of a company it appears that any
person described in subsection (2) —

(a) has appropriated or otherwise misapplied any of the company‘s
assets;

(b) has become personally liable for any of the company‘s debts or
liabilities; or


(c) has otherwise been guilty of any misfeasance or breach of
fiduciary duty in relation to the company,

the liquidator or any creditor or member of the company may apply to
the Court for an order under this section.

(2) The persons mentioned in subsection (1) are —

(a) any past or present officer of the company;

(b) any other person who, directly or indirectly, is or has been in
any way concerned in or has participated in the promotion,
formation or management of the company.

(3) On an application under subsection (1), the Court may examine the
conduct of the person concerned and may order him —

(a) to repay, restore or account for such money or such property;

(b) to contribute such sum to the company‘s assets;

(c) to pay interest upon such amount, at such rate and from such
date,

as the Court thinks fit in respect of the default, whether by way of
indemnity or compensation or otherwise.