NSWIn ForceAct
Conveyancing and Law of Property Act 1898
77Court may exercise powers repeatedly and may exercise them notwithstanding any declaration to the contrary by the settlors
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#### 77 Court may exercise powers repeatedly and may exercise them notwithstanding any declaration to the contrary by the settlors
77 Court may exercise powers repeatedly and may exercise them notwithstanding any declaration to the contrary by the settlors
> > (1) The Court may exercise any of the powers conferred on it by this part whether the Court has already exercised any of such powers in respect of the same property or not.
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> > (2) The powers conferred on the Court by this part may be exercised if the Court thinks fit, notwithstanding any express declaration is contained in the settlement that they shall not be exercised.
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> > (3) If in any settlement a provision is inserted purporting or attempting by way of direction, declaration, or otherwise to prevent or forbid the exercise by the Court of any of such powers, or attempting or tending, or intended by a limitation gift, or disposition over of settled land, or by a limitation gift or disposition of other real or any personal property, or by the imposition of any condition, or by forfeiture, or in any other manner whatever to prohibit or prevent any person entitled under this part to apply to the Court to exercise such powers from so applying, or to induce such persons to abstain from so applying that provision, so far as it purports or attempts, or tends, or is intended to have, or would or might have the operation aforesaid, shall be deemed to be void.
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> > (4) An estate or interest limited to continue so long only as a person abstains from applying to the Court to exercise any of such powers, or so long only as any of such powers shall remain unexercised, shall be, and take effect as an estate, or interest to continue for the period for which it would continue if that person were to abstain from so applying, or if any such power were not exercised discharged from liability to determination or cesser by or on such persons so applying, or by or on any such power being exercised.