New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.9

Judgments and orders bind beneficiaries

7.9 Judgments and orders bind beneficiaries

(cf SCR Part 8, rule 15)

(1) This rule applies to proceedings that have been commenced by or against a trustee, executor or administrator, including proceedings to enforce a security by way of foreclosure or otherwise.
(2) It is not necessary to join as a party any of the persons having a beneficial interest under the trust, or in the estate, concerned.
(3) Subject to subrule (4), any judgment that is given, and any order that is made, is as binding on a person having a beneficial interest under the trust, or in the estate, as it is binding on the trustee, executor or administrator.
(4) If, in relation to proceedings in which such a judgment or order has been made, the court is satisfied that the representative, trustee, executor or administrator did not in fact represent some or all of the persons having a beneficial interest under the trust, or in the estate, the court may order that the judgment or order does not bind those persons.
(5) This rule does not limit the power of the court to order that a party be joined under rule 6.24.



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