sec.179Court may confer additional management powers

sec.179 Court may confer additional management powers

This section applies in relation to a trust if the court is satisfied— the exercise of a particular management power— would be expedient in the management or administration of the trust property; or would be in the best interests of the persons, or the majority of the persons, beneficially interested in the trust property; and the management power can not be exercised because— it is inexpedient, difficult or impracticable to exercise the power without a court order; or the trustee does not have the management power under this Act, the trust instrument or otherwise. For subsection (1) (b) (ii) , it does not matter that the trustee does not have the particular management power because— this Act allows the power, which would otherwise be conferred on the trustee under this Act, to be excluded or modified under the trust instrument; and the trust instrument excludes or modifies the power. See section 82 (3) in relation to the powers that may be excluded or modified under the trust instrument. The court may, by order, confer the management power on the trustee, either generally or in a particular matter, and on the terms and subject to any conditions the court considers appropriate. Without limiting subsection (3) , the court may direct— how an amount authorised to be expended is to be paid; and how the costs of any transaction are to be borne; and the extent to which the amount or the costs are to be apportioned between capital and income. (sec.179-ssec.1) This section applies in relation to a trust if the court is satisfied— the exercise of a particular management power— would be expedient in the management or administration of the trust property; or would be in the best interests of the persons, or the majority of the persons, beneficially interested in the trust property; and the management power can not be exercised because— it is inexpedient, difficult or impracticable to exercise the power without a court order; or the trustee does not have the management power under this Act, the trust instrument or otherwise. (sec.179-ssec.2) For subsection (1) (b) (ii) , it does not matter that the trustee does not have the particular management power because— this Act allows the power, which would otherwise be conferred on the trustee under this Act, to be excluded or modified under the trust instrument; and the trust instrument excludes or modifies the power. See section 82 (3) in relation to the powers that may be excluded or modified under the trust instrument. (sec.179-ssec.3) The court may, by order, confer the management power on the trustee, either generally or in a particular matter, and on the terms and subject to any conditions the court considers appropriate. (sec.179-ssec.4) Without limiting subsection (3) , the court may direct— how an amount authorised to be expended is to be paid; and how the costs of any transaction are to be borne; and the extent to which the amount or the costs are to be apportioned between capital and income.