Article 3 Making of application
An application to the Court for the appointment of a judicial trustee must be made by originating summons or, if it is made in a pending cause or matter, by summons or motion in the cause or matter.
An application for an injunction ancillary or incidental to an order appointing a judicial trustee may be joined with the application for such order.
The Court hearing an application under paragraph (2) may grant an injunction restraining any trustee or person entitled to any interest in the property of which a judicial trustee is sought from assigning, charging or otherwise dealing with that property until after the hearing of a summons for the appointment of the judicial trustee and may require such summons returnable on such date as the Court may direct, to be issued.
The evidence in support of such an application must include an affidavit by the applicant containing the following particulars so far as the applicant can gain information with regard to them:—
a short description of the trust and instrument by which it is, or is to be, created;
short particulars of the trust property, with an approximate estimate of its income, and capital value;
short particulars of the incumbrances (if any) affecting the trust property;
particulars as to the persons who are in possession of the documents relating to the trust;
the names and addresses of the beneficiaries and short particulars of their respective interests; and
the name, address and description of the proposal judicial trustee (if any) together with any proposal the applicant may make for his remuneration.
Where the applicant cannot gain the information required on any point he must mention his inability in the affidavit.