Barrister AI
All legislation
SAAct
In force
This is the latest official compilation.Check the official source →
s 21

Court may summons administrator etc on application of Public Trustee

In force
Part 4Administration of estates

21 Court may summons administrator etc on application of Public Trustee

(1)

If—

(a)

an administrator or other person fails to deliver or transfer to the Public Trustee all property to which the Public Trustee is entitled;

or

(b)

the procedure in section 20 fails to elicit the particulars required, the Court may, on the application of the Public Trustee, summon the administrator or other person, or any person who may be in possession of information relevant to the matters under investigation, to appear at a specified time and place for the purpose of being examined concerning the matters and to produce any books, papers, deeds or documents.

(2)

If satisfied that the administrator or other person possesses or is entitled to any property that should be delivered or transferred to the Public

Trustee, the Court may make—

(a)

an order requiring the administrator or other person to deliver or transfer all such property to the Public Trustee within a specified time;

(b)

an order as to costs against the administrator or other person.

(3)

An order under subsection (2) may be made in the absence of the person summoned if the summons has been duly served.

(4)

If the Court does not make an order as to costs, the costs and expenses will be paid by the administrator of the estate in respect of which the proceedings have been taken—

(a)

out of the general funds of the estate in priority to all other claims; or

(b)

if the Court so orders—out of a particular portion of the funds.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.