sec.140Court may make orders in relation to claim

sec.140 Court may make orders in relation to claim

This section applies if, on the hearing of an application made by the trustee under section 139 , the claimant or potential claimant does not satisfy the court that the claimant or potential claimant— has started a proceeding to enforce the claim; and is prosecuting the proceeding with appropriate diligence. The court may, by order— extend the period for the claimant or potential claimant to start a proceeding to enforce the claim; or bar the claim (including for all purposes); or enable the trust property to be dealt with without regard to the claim. Also, the court may make the other orders and give the directions about the proceeding or the claim that the court considers appropriate, including, for example, any of the following orders or directions— an order or direction that a beneficiary of the trust be given notice of the application; an order that a beneficiary of the trust be made a respondent to the application; an order imposing conditions; an order about the costs of and incidental to the application. If, under section 139 (2) , the application seeks orders against 2 or more claimants or potential claimants, the court may make orders against any or all of the claimants or potential claimants. (sec.140-ssec.1) This section applies if, on the hearing of an application made by the trustee under section 139 , the claimant or potential claimant does not satisfy the court that the claimant or potential claimant— has started a proceeding to enforce the claim; and is prosecuting the proceeding with appropriate diligence. (sec.140-ssec.2) The court may, by order— extend the period for the claimant or potential claimant to start a proceeding to enforce the claim; or bar the claim (including for all purposes); or enable the trust property to be dealt with without regard to the claim. (sec.140-ssec.3) Also, the court may make the other orders and give the directions about the proceeding or the claim that the court considers appropriate, including, for example, any of the following orders or directions— an order or direction that a beneficiary of the trust be given notice of the application; an order that a beneficiary of the trust be made a respondent to the application; an order imposing conditions; an order about the costs of and incidental to the application. (sec.140-ssec.4) If, under section 139 (2) , the application seeks orders against 2 or more claimants or potential claimants, the court may make orders against any or all of the claimants or potential claimants.

• (a) has started a proceeding to enforce the claim; and
• (b) is prosecuting the proceeding with appropriate diligence.
• (a) extend the period for the claimant or potential claimant to start a proceeding to enforce the claim; or
• (b) bar the claim (including for all purposes); or