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Trustee Act 1925
82Improvements and repairs
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82 Improvements and repairs
(1) Where any leasehold is vested in a trustee for a child, or in trust for
any persons in succession, the Supreme Court may authorise the
trustee to pay or apply capital money subject to the trust for any 1 or
more of the following purposes:
(a) to effect repairs to any existing buildings, dams, fences or other
erections upon the land;
(b) to effect improvements of or upon the land, or to reconstruct
enlarge or improve any existing buildings, dams, fences or other
erections on the land;
(c) to erect any new buildings, dams, fences or other erections upon
the land;
(d) to erect, or join in erecting, a fence of which part is on the land
and part on adjoining land;
(e) to restock the land with sheep, cattle, or horses;
(f) to replace machinery or implements required for the land.
(2) The trustee may be so authorised where the Supreme Court, having
due regard to the interest of all persons beneficially interested in the
land, thinks that the proposed expenditure is expedient, although it
may not be necessary for the purpose of the salvage of the property.
(3) The amount of capital money that may be so expended shall be stated
in the order authorising the proposed expenditure.
(4) The Supreme Court may authorise the trustee—
(a) to raise the amount by mortgage of the land, or by sale of a part
of the land; or
(b) to raise the amount by mortgage or sale of any other real or
personal property held upon the same trusts; or
(c) to pay the amount out of any money under the control of the
trustee and held by him or her upon the same trusts; or
(d) to provide the amount partly in one and partly in another of those
modes; or
(e) to provide a sinking fund out of income.
(5) Where the amount is authorised to be raised by mortgage, the
Supreme Court may give directions to the trustee how the principal
and interest are to be paid.
(6) The Supreme Court may require such provision for a sinking fund as
the court thinks proper.
(7) The Supreme Court shall give such directions as appear necessary and
proper, so as to throw upon the respective interests of the persons
beneficially interested their proper proportion of the money to be
expended.
(8) No purchaser or mortgagee paying or advancing money upon any sale
or mortgage authorised by the Supreme Court under this section shall
be required to see to the application of the purchase money or
mortgage money, and the protection given by this subsection shall
extend to the registrar-general.
Dealings and improvements Division 3.2