60Actions relating to administration of property subject to trust for public purposes

### 60 Actions relating to administration of property subject to trust for public purposes > *\[Section 60 Amended by S.R. 1977, No. 150 \]* > > > (1)  Except in cases where it is otherwise provided (either expressly or by implication) by some other statute (whether passed before or after the commencement of this Act), or where some special provision is made by some other statute (whether passed before or after the commencement of this Act), every action – > > > > > > (a) for any judgment or order to enforce the execution of any trust in respect of any property which is subject to a trust for a public purpose, as defined in [section 59](#GS59@EN) , shall be instituted by and in the name of the Attorney-General, or by some person, public authority, or public officer, as relator in the name of the Attorney-General, and not otherwise; > > > > > > > (b) to restrain or prevent any abuse, misapplication or illegal administration of any such property as is mentioned in [paragraph (a)](#GS60@Gs1@Hpa@EN) , shall be instituted by and in the name of the Attorney-General, or by some person, public authority, or public officer as relator in the name of the Attorney-General, or (if the property, in respect of the abuse, misapplication, or illegal administration of which the action is instituted, is vested in or is under the control or management of any public authority) by and in the name of some person who has an interest in such public authority, either by reason of being entitled to vote at or take part in the election or appointment of its members or officers, or by reason of being liable to any rate, tax, assessment, duty, or charge levied, imposed, or made by such public authority or on some other ground, and not otherwise; > > > > > > > (c) for any judgment or order relating to the application or administration of any such property as is mentioned in [paragraph (a)](#GS60@Gs1@Hpa@EN) (not being an action for any of the purposes mentioned in [paragraph (a)](#GS60@Gs1@Hpa@EN) or [paragraph (b)](#GS60@Gs1@Hpb@EN) ), shall be instituted by and in the name of the Attorney-General, or by and in the name of some person, public authority, or public officer as relator in the name of the Attorney-General, or by and in the name of the person, public authority, or public officer in whom or which the property is vested, and not otherwise. > > > (2)  Subject to the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , every such action instituted by and in the name of the Attorney-General or by some person as relator in the name of the Attorney-General shall be instituted and prosecuted in the same form and manner as an action between subject and subject, and not otherwise. > > > (3)  In any case in which any such action is instituted by and in the name of the person, public authority, or public officer in whom or which such property is vested, or some person having such an interest as aforesaid, the Attorney-General shall be made a defendant to the action.