Trusts Act 2025
sec.190Court may decide proceeding in absence of trustee
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sec.190 Court may decide proceeding in absence of trustee
This section applies if— a person is, as trustee, a defendant in a proceeding; and the court is satisfied— a diligent search has been made for the person; and the person can not be found. The court may— decide the proceeding in the absence of service on the person; and give judgment against the person, as trustee, as if the person had been properly served. Subject to section 191 , judgment given against the person, as trustee, does not affect any interest the person may have in the matters in question in the proceeding in another capacity. (sec.190-ssec.1) This section applies if— a person is, as trustee, a defendant in a proceeding; and the court is satisfied— a diligent search has been made for the person; and the person can not be found. (sec.190-ssec.2) The court may— decide the proceeding in the absence of service on the person; and give judgment against the person, as trustee, as if the person had been properly served. (sec.190-ssec.3) Subject to section 191 , judgment given against the person, as trustee, does not affect any interest the person may have in the matters in question in the proceeding in another capacity.
- (a) a person is, as trustee, a defendant in a proceeding; and
- (b) the court is satisfied— (i) a diligent search has been made for the person; and (ii) the person can not be found.
- (i) a diligent search has been made for the person; and
- (ii) the person can not be found.
- (i) a diligent search has been made for the person; and
- (ii) the person can not be found.
- (a) decide the proceeding in the absence of service on the person; and
- (b) give judgment against the person, as trustee, as if the person had been properly served.