Real Estate Agents Act 2008

32 High Court Judge may give directions to administrator of trust account or cancel appointment

• (1) If the Authority makes an order, under section 27 or 28, appointing an administrator or interim administrator, the Authority must, without delay, serve a copy of the order on—

  • (a) the agent concerned; and

  • (b) if the agent carries out agency work in partnership, any partner in the partnership; and

  • (c) any person who, to the knowledge of the Authority, is or may be entitled to any money held in the trust account administered by the administrator.

  (2) A person on whom a copy of the order is served may, within 14 days after service of the order, apply to the High Court for an order under subsection (4).

  (3) The following persons may, at any time while an order under section 27 or 28 is in force, apply for an order under subsection (4):

  • (a) the administrator or interim administrator:

  • (b) the banker with whom the trust account is kept:

  • (c) a person who claims to be entitled to any money held in the trust account, but who has not been served under subsection (1)(c).

  (4) On an application under this section, a High Court Judge may, by order—

  • (a) direct the administrator, interim administrator, or the banker on the action to be taken in relation to the administration of the trust account (including the winding-up of that account):

  • (b) rescind or vary the order of the Authority by which the administrator or interim administrator was appointed.