Section 36, The Bankruptcy Act, 2009

(1) The assets remaining after payment of the actualexpenses incurred in realising any of the assets of the debtor shall, subject to any order of the court, first be liable to the following payments which shall be made in the following order of priority, namely:– (a) the actual expenses incurred by the official receiver in protecting or attempting to protect the property or assets of the debtor or any part of the property and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor; (b) the fees, percentages and charges payable to, or costs, charges and expenses incurred or authorised by the official receiver, whether acting as official receiver or trustee; (c) the remuneration of the special manager, if any; and (d) the taxed costs of the petitioner, so far as it may not have been disallowed by the court. (2) Whenever the court is satisfied that the property of a debtor in respect of whose estate a receiving order has been made has been preserved for the benefit of the creditors by means of legal proceedings brought by a creditor against the debtor without notice of any available act of bankruptcy committed by the debtor, the court may, in its discretion order the payment of the costs of such legal proceedings or any part of them (taxed as between party and party) out of the estate, with the same priority as to payment as is provided in subsection (1) in respect of the taxed costs of the petitioner. 34 35 Mutual credit and set off. Rules as to proof of debts. Priority of costs and charges.