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Resolution of disputes.
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22.— (1) Any person having an interest in a trust of land, or a person acting on behalf of such a person, may apply to the court in a summary manner for an order to resolve a dispute between the—
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(a) trustees themselves, or
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(b) beneficiaries themselves, or
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(c) trustees and beneficiaries, or
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(d) trustees or beneficiaries and other persons interested,
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in relation to any matter concerning the—
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(i) performance of their functions by the trustees, or
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(ii) nature or extent of any beneficial or other interest in the land, or
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(iii) other operation of the trust.
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(2) Subject to subsection (3), in determining an application under subsection (1) the court may make whatever order and direct whatever inquiries it thinks fit in the circumstances of the case.
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(3) In considering an application under subsection (1)(i) and (iii) the court shall have regard to the interests of the beneficiaries as a whole and, subject to these, to—
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(a) the purposes which the trust of land is intended to achieve,
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(b) the interests of any minor or other beneficiary subject to any incapacity,
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(c) the interests of any secured creditor of any beneficiary,
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(d) any other matter which the court considers relevant.
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(4) In subsection (1), “person having an interest” includes a mortgagee or other secured creditor, a judgment mortgagee or a trustee.
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(5) Nothing in this section affects the jurisdiction of the court under section 36 of the Act of 1995.
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