South Australian Consolidated Acts

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ADMINISTRATION AND PROBATE ACT 1919 - SECT 58

58—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.



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