ACTIn ForceAct
Trustee Act 1925
88Order in absence of trustee
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88 Order in absence of trustee
Where in any proceeding the Supreme Court is satisfied that diligent
search has been made for any person who, in the character of trustee,
is made a defendant to the proceeding to serve him or her with a
process of the court and that he or she cannot be found, the court may
hear and determine the proceeding and make an order against that
person in his or her character of a trustee as if he or she had been duly
served or had entered an appearance in the proceeding, and had also
appeared by his or her lawyer at the hearing, but without prejudice to
any interest he or she may have in the matters in question in the
proceeding in any other character.