Section 65Part 1 — Trusts Act
Power to give judgment in absence of a trustee
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Where in any action the Court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in the action, to serve that person with a process of the Court, and that that person cannot be found, the Court may hear and determine the action and give judgment therein against that person in that person ’s character of a trustee as if that person had been duly served, or had entered an appearance in the action, and had also appeared by that person’s attorney- at-law at the hearing, but without prejudice to any interest that person may have in the matters in question in the action in any other character.