Execution of instruments
55 Execution of instruments
If a person refuses or fails to comply with a direction in an order to execute a deed or instrument, or a court thinks it necessary to exercise the powers conferred on it under this subsection, the court may appoint an officer of the court or other person – to execute a deed or instrument in the name of the person to whom the direction was given; and to do anything necessary to give validity and operation to the deed or instrument.
The execution of the deed or instrument by the person appointed is as valid as if it were executed by the person directed by the order to execute it.
A court may make any order it thinks just relating to the payment of the costs and expenses of, and incidental to, the preparation of the deed or instrument and its execution.
This Act’s bill:Second reading speech
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