Northern Territory Consolidated Acts

THE TRUSTEE ACT 1893 AND SHALL COME INTO OPERATION ON A DAY TO BE FIXED BY THE GOVERNOR, - SECT 28

In any of the following cases, namely:

I     Where the Supreme Court appoints or has appointed a new trustee;

II     Where a trustee entitled to or possessed of any land, or entitled to a contingent right therein, either solely or jointly with any other person:

        (a)     is a lunatic or person of unsound mind; or

        (b)     is an infant; or

        (c)     is out of the jurisdiction of the Supreme Court; or

        (d)     cannot be found;

III     Where it is uncertain who was the survivor of 2 or more trustees jointly entitled to or possessed of any land or entitled to a contingent right therein;

IV     Where as to the last trustee known to have been entitled to or possessed of any land, or entitled to a contingent right therein, it is uncertain whether he is living or dead;

V     Where there is no heir or representative to a trustee who was entitled to or possessed of land or entitled to a contingent right therein and has died intestate as to that land, or where it is uncertain who is the heir or representative or devisee of a trustee who was entitled to or possessed of land or entitled to a contingent right therein and is dead; and

VI     Where a trustee jointly or solely entitled to or possessed of any land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or a release of the right, to convey the land or to release the right, and has wilfully refused or neglected to convey the land or release the right for 28 days after the date of the requirement,

the Supreme Court may make an order (in this Act called a vesting order) vesting the land in any such person in any such manner and for any such estate as the Court may direct, or releasing or disposing of the contingent right to such person, as the Court may direct: Provided that:

        (a)     where the order is consequential on the appointment of a new trustee the land shall be vested for such estate as the Court may direct in the persons who on the appointment are the trustees; and

        (b)     where the order relates to a trustee entitled jointly with another person, and such trustee is out of the jurisdiction of the Supreme Court or cannot be found, the land or right shall be vested in such other person, either alone or with some other person.