Trusts Act 2025
sec.176Circumstances relating to validity of vesting and other orders etc.
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sec.176 Circumstances relating to validity of vesting and other orders etc.
This section applies in relation to a vesting order or any other order, declaration or direction made, or given, under section 171 . The fact that the order, declaration or direction is founded, or purports to be founded, on an allegation of the existence of a circumstance mentioned in section 170 (1) or (2) is conclusive evidence of the circumstance alleged in any court on any question about the validity of the order, declaration or direction. However, if the order, declaration or direction has been improperly obtained, nothing in this Act prevents the court from— in the case of a vesting order—directing a reconveyance of the property the subject of the order; or making an order in relation to the payment of costs occasioned by the improper obtaining of the order, declaration or direction; or making a further order or declaration, or giving a further direction, under section 171 . (sec.176-ssec.1) This section applies in relation to a vesting order or any other order, declaration or direction made, or given, under section 171 . (sec.176-ssec.2) The fact that the order, declaration or direction is founded, or purports to be founded, on an allegation of the existence of a circumstance mentioned in section 170 (1) or (2) is conclusive evidence of the circumstance alleged in any court on any question about the validity of the order, declaration or direction. (sec.176-ssec.3) However, if the order, declaration or direction has been improperly obtained, nothing in this Act prevents the court from— in the case of a vesting order—directing a reconveyance of the property the subject of the order; or making an order in relation to the payment of costs occasioned by the improper obtaining of the order, declaration or direction; or making a further order or declaration, or giving a further direction, under section 171 .
- (a) in the case of a vesting order—directing a reconveyance of the property the subject of the order; or
- (b) making an order in relation to the payment of costs occasioned by the improper obtaining of the order, declaration or direction; or
- (c) making a further order or declaration, or giving a further direction, under section 171 .