Comparison View

Formal Consolidation |  2020 RevEd
Public Trustee may represent minor in certain cases
5.—(1)  The Public Trustee or any other person may apply to the court by originating summons or summons, as appropriate, for the Public Trustee to be appointed to act as litigation representative of any minor for the purpose of instituting any suit or proceeding in the name of the minor.
[42/2005; 44/2014]
(2)  In any suit or proceeding in which a minor is a party or to which it becomes necessary to add a minor as a party, the court may, on its own motion or on the application of the Public Trustee or any other person, appoint the Public Trustee to act as litigation representative of the minor in the suit or proceeding.
[44/2014]
(3)  A court is to consider the views of the Public Trustee before deciding whether to appoint the Public Trustee as litigation representative of a minor —
(a)on the application of a person other than the Public Trustee under subsection (1);
(b)on its own motion under subsection (2); or
(c)on the application of a person other than the Public Trustee under subsection (2).
[44/2014]
(4)  The court must not make any order under this section unless provision is made to the satisfaction of the court for the payment of the costs of the Public Trustee as between solicitor and client and for the payment of any costs which may be awarded against the Public Trustee or directed to be paid by the Public Trustee.
(5)  In any suit or proceeding in which the Public Trustee is appointed under this section to act for a minor, no costs are recoverable from the Public Trustee personally or from the Government.
(6)  In this section, “suit” means a suit for the administration of the estate of any deceased person or of a trust, and “proceeding” means a proceeding under Order 80 of the Rules of Court.
[5/2014]
Informal Consolidation | Amended Act 31 of 2022
Public Trustee may represent minor in certain cases
5.—(1)  The Public Trustee or any other person may apply to the court by originating application or summons, as appropriate, for the Public Trustee to be appointed to act as litigation representative of any minor for the purpose of instituting any suit or proceeding in the name of the minor.
[42/2005; 44/2014]
[Act 25 of 2021 wef 01/04/2022]
(2)  In any suit or proceeding in which a minor is a party or to which it becomes necessary to add a minor as a party, the court may, on its own motion or on the application of the Public Trustee or any other person, appoint the Public Trustee to act as litigation representative of the minor in the suit or proceeding.
[44/2014]
(3)  A court is to consider the views of the Public Trustee before deciding whether to appoint the Public Trustee as litigation representative of a minor —
(a)on the application of a person other than the Public Trustee under subsection (1);
(b)on its own motion under subsection (2); or
(c)on the application of a person other than the Public Trustee under subsection (2).
[44/2014]
(4)  The court must not make any order under this section unless provision is made to the satisfaction of the court for the payment of the costs of the Public Trustee as between solicitor and client and for the payment of any costs which may be awarded against the Public Trustee or directed to be paid by the Public Trustee.
(5)  In any suit or proceeding in which the Public Trustee is appointed under this section to act for a minor, no costs are recoverable from the Public Trustee personally or from the Government.
(6)  In this section, “suit” means an action for the administration of the estate of any deceased person or of a trust, and “proceeding” means a proceeding under Order 32 of the Rules of Court 2021 (administration and similar actions).
[5/2014]
[Act 31 of 2022 wef 01/11/2022]