NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 78 Enforcement of trustee powers

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 78

78 Enforcement of trustee powers

(cf PE Act, s 71)

(1) The Supreme Court may, on application by an interested person, order that the manager, on behalf of and in the name of the managed person--

(a) exercise a power vested in the managed person as a trustee or guardian, or

(b) give consent as a trustee or guardian to the exercise of a power.

(2) The Supreme Court may, on such an application--

(a) make an order as to the manner in which the power is to be exercised, and

(b) if it is appropriate in the circumstances of the case, make any order respecting the trust property that it could have made on the appointment of a new trustee.

(3) The manager may exercise a function in accordance with an order under this section.

(4) If the manager, in accordance with an order of the Supreme Court under this Act, appoints a trustee on behalf of and in the name of a managed person, the trustee has the same functions as the trustee would have had if lawfully appointed by the Court.