Northern Territory Consolidated Acts

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THE TRUSTEE ACT - SECT 73

Power of Court to sell interest of Crown in real estate

    (1)     Where in any proceeding, ex parte or otherwise, it appears to the Supreme Court that the Crown is entitled to any hereditament, corporeal or incorporeal, or to any estate, legal or equitable, therein, the Court may, on the application or with the consent of the Minister, notwithstanding that no office has been found and no commission issued, order a sale of the hereditament, estate, or interest; and the net proceeds of such sale, or such portion thereof as represents the interest of the Crown, shall be paid into the Northern Territory Government Account.

    (2)     The Supreme Court on any such sale may make an order vesting the hereditament, estate or interest in the purchaser or requiring the person in whom it is vested or deemed to be vested to convey it to the purchaser.

    (3)     A person who claims to be entitled to any moneys paid into the Northern Territory Government Account under this section may apply to the Court for an order declaring him to be so entitled and, if the Court is satisfied that the applicant is entitled to those moneys or a part of those moneys, it may make an order accordingly.

    (4)     Upon receipt by the Minister of an office copy of an order under subsection (3), the Minister shall authorize payment to the person in whose favour the order was made the amount specified in the order out of moneys lawfully available for the purpose.



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