Execution of instruments by order of a court
60 Execution of instruments by order of a court
If—
a person has refused or neglected to comply with an order directing the person to execute a deed or instrument; or
for any other reason, 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 the deed or instrument in the name of the person to whom the direction was given and to do everything necessary to give validity and operation to the deed or instrument.
The execution of the deed or instrument by the appointed person has the same force and validity as if it had been executed by the person directed by the order to execute it.
A court may make any order it thinks just about 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:Explanatory memorandumSecond reading speech
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