New South Wales Consolidated Acts

TRUSTEE ACT 1925 - SECT 77

77 Specific performance, and other matters

(1) The Court may make a vesting order where an order is made by the Court for the specific performance of a contract concerning any land, or for the partition or sale in lieu of partition of any land, or for the exchange of any land, or for the conveyance of any land, either in cases arising out of the doctrine of election or otherwise.

(2) For the purposes of this section the Court may declare--

(a) that any of the parties to the suit or other proceedings are trustees of the land or any part thereof within the meaning of this Act,

(b) that the interests of unborn persons who might claim under any party to the proceedings, or under the will or voluntary settlement of any person deceased, who was during his or her lifetime a party to the contract or transactions concerning which the order is made, are the interests of persons who on coming into existence would be trustees within the meaning of this Act.

(3) The vesting order may be made with respect to the rights of those persons born and unborn as if they had been trustees.