Trusts and Trustees Act (Cap. 331), article 38

38. (1) There shall be no appeal from any decree, order, declaration or direction of the Civil Court in its voluntary jurisdiction given under the provisions of this Act. (2) Such decrees, orders, declarations or directions shall remain in force until they are substituted or varied by the Civ il Court in either its voluntar y or contentious jurisdiction. (3) During the hearing of an application before the Court the trustee or applicant shall at the earliest opportunity disclose to the Court all material facts known to him which may be relevant to the application including the existence of any res judicata or pending judicial action given or commenced in Malta or before a foreign court. (4) All applications to the Court shall be notified to the trust ee and the applicant shall furthermore notify all persons who he considers having an interest in the subject matter of the appli cation. The Court shall have the power to order notification to all oth er persons who it considers may ha ve an interest as it deems fit. (5) The Court shall hear the tru stee and any interested parties as it considers appropriate. (6) Without prejudice to any other power given to the court by virtue of the foregoing provisions of this article or of any ot her law, where a trustee neglects or refuses to perform any duty or to comply with any order of the court, the court may, on such terms and conditions it may deem appropriate, order that the required action be executed, made or done by such person as the court ma y appoint for the purpose, at the c ost of the trustee in default, or otherwise as the court may direc t; and anything so executed, ma de or done shall operate and have effect for all purposes as if it had been executed, made or done by the trustee. Confidentiality. Added by: XIII. 2004.26.