Public Trustee and Guardian Act 1985

Where, on the public trustee and guardian ceasing to be manager of property, money is paid to the Territory under section 43 (3), (5) or (6) or 44 (2), a person may apply to the court for an order under this section in relation to the property.

Where, on an application made to the court under this section, the court is satisfied that, at the time the public trustee and guardian ceased to be manager of the property in connection with which the application is made, the applicant was the owner or 1 of the owners of the property or beneficially entitled or 1 of the persons beneficially entitled to the property, the court may make an order to that effect.

On an order being made by the court under this section in connection with property, there is payable by the Territory to the person in relation to whom the order was made—

where the court was satisfied that the person was the sole owner of or the only person beneficially entitled to the property—an amount equal to the amount or the aggregate of the amounts paid to the Territory in connection with the property; and

where the court was satisfied that the person was 1 of the owners of or persons beneficially entitled to the property—an amount equal to such part of the amount or the aggregate of the amounts paid to the Territory in connection with the property as bears the same proportion to that lastmentioned amount, or that aggregate, as the case requires, as the interest of the person in the property bears to the interest that the person would have if the person were the sole owner of or the only person beneficially entitled to the property.