South Australian Consolidated Acts58—Proceedings to compel account
(1) If at any time any
administrator—
(a)
makes default in compliance with section 56; or
(b)
being ordered to deliver an account of his administration as mentioned in
section 56A, neglects to deliver the same verified as aforesaid for one
month after the date appointed for that purpose,
the Public Trustee or any person interested may cause the administrator to be
summoned before a Judge to show cause why he should not deliver such account
forthwith.
(2) In case the
administrator, being duly served with such summons, does not attend before the
Judge at the time and place mentioned therein, or does not show any reasonable
cause to the contrary, the Judge may from time to time order the administrator
to deliver the statement and account, or the account, verified as aforesaid,
either forthwith or within such further time as the Judge thinks fit to allow.
(3) On default in
compliance with any order under subsection (2), a Judge may order the
administrator in default to pay to the Public Trustee or person so applying
any sum not exceeding one thousand dollars for every such default.
(4) The fact that
proceedings have been or are being taken under this section does not prevent
an action from being brought on a guarantee given under section 18 or 31.
(5) All costs and
expenses of and incidental to the summoning of any administrator pursuant to
this section shall either be chargeable to or paid out of the estate in
respect of which such administrator is summoned, or shall be paid by such
administrator, as the Judge orders.