New South Wales Consolidated Acts

MORATORIUM ACT 1932 - SECT 46B

46B Notice to NSW Trustee and Guardian in certain events

(1) Where, either before or after the commencement of the Moratorium (Amendment) Act 1936 , a mortgagee has, under this Act, obtained the leave of the court to exercise all the rights, powers and remedies expressly or impliedly given to him by the mortgage, any notice required or authorised by this or any other Act to be given to the mortgagor or to any other person interested in the mortgaged property for any purpose of or relating to or in any way concerning the exercise of any such right, power or remedy may, where such mortgagor or person is dead and there is no personal representative of such mortgagor or person in New South Wales, be given personally or by post to the NSW Trustee and Guardian and shall be accompanied by a statement containing such particulars as may be prescribed.

(2) Any notice given in accordance with the provisions of subsection one of this section shall be as valid and effectual as if given to the personal representative of the mortgagor or person unless probate of the will or letters of administration of the estate of such mortgagor or person is granted to some person other than the NSW Trustee and Guardian within one month after such notice has been so given.