Section 5

If in any pending suit or proceeding it becomes necessary to add any minor as co-plaintiff, the Court may of its own motion or on the application of the Public Trustee or any other person appoint the Public Trustee to act as next friend of such minor in such suit or proceeding.

In any suit or proceeding in which a minor is defendant or in which it becomes necessary to add a minor as co-defendant, the Court of its own motion or on the application of the Public Trustee or any other person may appoint the Public Trustee to act as guardian for the suit for such minor for the purposes of such suit or proceeding.

The Court shall not make any order under this section unless the Public Trustee has had an opportunity of being heard and provision is made to the satisfaction of the Court for the payment of the Public Trustee's costs as between solicitor and client and for the payment of any costs which may be awarded against the Public Trustee or directed to be paid by him.

In any suit or proceeding in which the Public Trustee is appointed under this section to act for a minor, no costs shall be recoverable from the Public Trustee personally or from the Government.

In this section "suit" means only an action or suit for the administration of the estate of any deceased person or of a trust, and "proceeding" means only a proceeding under the Rules of the High Court 1980.

ADMINISTRATION OF ESTATES OF SMALL VALUE