60Powers as manager

60 Powers as manager (1) Unless the Court otherwise orders, the powers of the Public Trustee as manager under this Part of any real or personal property are: (a) to take or to recover possession of the property and to recover all money, damages and mesne profits payable to the owner in respect of the property whether the payment became due before or after the Public Trustee became manager of the property; (b) to apply the property, money, damages or mesne profits, or any part thereof or income there from, for the maintenance or education, including past maintenance or education, or the advancement or benefit, in such manner as the Public Trustee in his or her absolute discretion thinks fit, of a spouse or de facto partner or children of the owner of the property or any other person who is or was dependent upon the owner; (c) to complete, carry out, perform or enforce in such manner as the Public Trustee may think fit, any contract affecting the property or entered into by the owner, and exercise any powers conferred by any such contract; (d) to pay out of money received, advanced or borrowed by the Public Trustee in the exercise of any powers conferred by this Part, any mortgages, charges or other obligations on or attached to the property, and any debts or other liabilities of the owner of the property; (e) to perform or discharge any obligation or duty imposed by any Act or otherwise upon the owner of the property; (f) to do anything requisite to obtaining or perfecting the title to the property; (g) in the case of real property, to cut and gather crops growing or situated on the real property and to erect fences on or around the property or to contribute to the erection of any dividing or boundary fences; Part VIII Unclaimed property Public Trustee Act 1979 29 (h) to repair property and raise money on the security of the property for that purpose; (j) to exercise any power of sale or other powers conferred upon the owner by any mortgage, lease, Act or instrument; (k) to pay or retain all commission, charges and expenses as may be fixed by law; (m) in the name of the owner or, at the Public Trustee's discretion, in the corporate name of the Public Trustee, to bring any action or other proceeding relating to the property, and to defend, confess, compromise or submit to judgment in any action, demand or proceedings touching or concerning the property; (n) to exercise all the powers which are conferred upon the Public Trustee by this Act relating to the capacity of the Public Trustee as a trustee; and (p) to exercise in respect of the property all other powers that may be conferred upon the Public Trustee by the Court. (2) Any money which the Public Trustee may wish to raise pursuant to the powers conferred by or under this section may be advanced from a common fund or borrowed from any other source. (3) All deeds and other documents executed by the Public Trustee as manager of any property under this Part shall have effect and may be registered in all respects as if they were executed by the owner of the property. (4) Where a deed or instrument or document is executed by the Public Trustee in the exercise of his or her powers under this Part, no court or employee or person shall be concerned to see or to inquire whether those powers had or had not become exercisable.