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Public Trustee Act 1979
72General power
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72 General power
Where the Public Trustee is executor, administrator or trustee, or is
guardian or is otherwise authorized to act in the administration of an
estate, unless the contrary intention is expressed in the governing
instrument, the Public Trustee may in his or her discretion exercise
the following powers:
(a) where the power is to raise money by mortgage, to raise
money by borrowing without giving security;
(b) to pay or discharge all debts, liabilities, obligations, costs and
expenses;
(c) to insure both real and personal property against any
contingency;
(d) to carry out or vary contracts entered into before the
appointment of the Public Trustee;
(e) to set off against the claim of any person with respect to any
estate money owing by the claimant whether to the same
estate or to another estate under the administration of the
Public Trustee;
(f) to grant a power of attorney to a person either in or out of the
Northern Territory to do any act or thing which the Public
Trustee could do;
(g) to bring or defend any action, suit or other proceeding, and
suffer judgment to go by default, or to consent to any
judgment, decree or order in an action, suit or proceeding
upon such terms and conditions as the Public Trustee thinks
fit;
(h) to take proceedings to cause any person to be adjudicated a
bankrupt, or any company to be placed in liquidation, and to
vote and act either personally or by proxy at meetings of
creditors or shareholders;
(j) to take criminal proceedings touching or concerning the
property of the Public Trustee or property which is within the
care, control or custody of the Public Trustee, and for the
purposes of the proceedings a certificate given under the seal
of the Public Trustee shall, unless the contrary is proved, be
sufficient evidence to establish that the property is the
property of the Public Trustee or is within the care, control or
custody of the Public Trustee; and
Part IX Miscellaneous
Public Trustee Act 1979 35
(k) at the expense of an estate, to employ such persons as the
Public Trustee thinks fit for the purposes of advising and
assisting the Public Trustee in the administration or
management of the estate or any part of the estate and to
remunerate such persons in such manner as the Public
Trustee thinks fit.