sec.109Expenses of public trustee a charge on the property

### sec.109 Expenses of public trustee a charge on the property All expenses incurred by the public trustee in the execution of the powers conferred on the public trustee by this division, and all fees, costs, commission, charges, interest and expenses incurred by or payable to the public trustee as administrator of any unclaimed property under this division shall be a charge upon the property coming next in priority to any mortgage or charge to which the property is subject when the public trustee becomes administrator of the property. The amount for the time being so charged on the property shall bear interest calculated in the manner provided in respect of advances pursuant to section 20 . Where— the public trustee has given notice of the public trustee’s intention— to make application to the court to be appointed administrator of any unclaimed property; or to elect to be administrator of any unclaimed property; or the public trustee has made application to the court for the period of such notice to be abridged or for such notice to be dispensed with; and a person entitled to the property the subject of such notice or application establishes the person’s title thereto before the public trustee becomes the administrator under this division, the costs and expenses of the public trustee in respect of the property shall be refunded to the public trustee out of the consolidated fund. (sec.109-ssec.1) All expenses incurred by the public trustee in the execution of the powers conferred on the public trustee by this division, and all fees, costs, commission, charges, interest and expenses incurred by or payable to the public trustee as administrator of any unclaimed property under this division shall be a charge upon the property coming next in priority to any mortgage or charge to which the property is subject when the public trustee becomes administrator of the property. (sec.109-ssec.2) The amount for the time being so charged on the property shall bear interest calculated in the manner provided in respect of advances pursuant to section 20 . (sec.109-ssec.3) Where— the public trustee has given notice of the public trustee’s intention— to make application to the court to be appointed administrator of any unclaimed property; or to elect to be administrator of any unclaimed property; or the public trustee has made application to the court for the period of such notice to be abridged or for such notice to be dispensed with; and a person entitled to the property the subject of such notice or application establishes the person’s title thereto before the public trustee becomes the administrator under this division, the costs and expenses of the public trustee in respect of the property shall be refunded to the public trustee out of the consolidated fund. - (a) the public trustee has given notice of the public trustee’s intention— (i) to make application to the court to be appointed administrator of any unclaimed property; or (ii) to elect to be administrator of any unclaimed property; or - (i) to make application to the court to be appointed administrator of any unclaimed property; or - (ii) to elect to be administrator of any unclaimed property; or - (b) the public trustee has made application to the court for the period of such notice to be abridged or for such notice to be dispensed with; - (i) to make application to the court to be appointed administrator of any unclaimed property; or - (ii) to elect to be administrator of any unclaimed property; or