QLDIn ForceAct
Public Trustee Act 1978
sec.128Remedy against public trustee
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### sec.128 Remedy against public trustee
Subject to the provisions of this Act, where a person, by an act or thing done or omitted by the public trustee or by any other person acting or, in good faith and within the scope of an apparent authority as an officer or general agent, assuming to act for him or her, sustains any loss or injury which would have entitled such first mentioned person to a remedy in respect thereof if the same had been done or omitted by any other person, such person shall be entitled to the same remedy against the public trustee in the public trustee’s corporate capacity as the person would have been entitled to against any other person in like case, and shall be entitled to be indemnified under this Act.
The consolidated fund shall be liable to make good all sums required to discharge any liability of the public trustee in the public trustee’s corporate capacity.
(sec.128-ssec.1) Subject to the provisions of this Act, where a person, by an act or thing done or omitted by the public trustee or by any other person acting or, in good faith and within the scope of an apparent authority as an officer or general agent, assuming to act for him or her, sustains any loss or injury which would have entitled such first mentioned person to a remedy in respect thereof if the same had been done or omitted by any other person, such person shall be entitled to the same remedy against the public trustee in the public trustee’s corporate capacity as the person would have been entitled to against any other person in like case, and shall be entitled to be indemnified under this Act.
(sec.128-ssec.2) The consolidated fund shall be liable to make good all sums required to discharge any liability of the public trustee in the public trustee’s corporate capacity.