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s 35

Powers of Public Trustee as manager

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Part 6Unclaimed property

35 Powers of Public Trustee as manager

(1)

Unless the Court in a particular case otherwise orders, the Public

Trustee, as manager of property under this Part, may—

(a)

take or recover possession of the property, and recover all money, damages and mesne profits payable to the owner or the owner's agent or administrator in respect of the property (whether the payment became due before or after the Public Trustee became manager of the property);

(b)

apply the property, money, damages or mesne profits, or any part of or income from them, for the maintenance or education (including past maintenance or education) or the advancement or benefit, in such manner as the

Public Trustee in the exercise of an absolute discretion thinks fit, of the spouse, domestic partner or children of the owner of the property or any other person who is or was dependent on the owner;

(c)

complete, carry out, perform or enforce in such manner as the

Public Trustee thinks fit a contract affecting the property or entered into by the owner, and exercise powers conferred by any such contract;

(d)

pay, out of money received, advanced or borrowed by the Public

Trustee in exercise of powers conferred by this Part, mortgages, charges or other obligations on or attaching to the property and debts or other liabilities of the owner of the property;

(e)

perform or discharge obligations or duties imposed by an Act or in any other manner on the owner of the property;

(f)

do any act or thing necessary to obtain or perfect the title to the property;

(g)

in the case of land—cut and gather crops on the land and erect fences on or around the land or contribute to the erection of dividing or boundary fences;

(h)

exercise a power of sale or other powers or rights conferred on the owner by a mortgage, lease, Act or instrument;

(i)

in the name of the owner, or in the Public Trustee's own name, bring an action or other proceeding relating to the property and defend, confess, compromise or submit to judgment in any action, claim, demand or proceeding relating to the property;

(j)

exercise, as if the Public Trustee were the trustee of the property, all powers that a trustee could exercise without the consent of the

Court under any Act or law;

(k)

exercise in respect of the property any other power that may be conferred by the Court.

(2)

All deeds and other documents executed by the Public Trustee as manager of property under this Part have effect and may be registered in all respects as if they were executed by the owner of the property.

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Section 35 — Powers of Public Trustee as manager — Public Trustee Act 1995 (South Australia) — Barrister AI