QLDIn ForceAct
Torres Strait Islander Land Act 1991
sec.175Power of court to relieve member of land trust from personal liability
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### sec.175 Power of court to relieve member of land trust from personal liability
This section applies if it appears to the Supreme Court that a member of a land trust is or may be personally liable for a breach of trust by the member, another member or the land trust.
If it appears to the court that the member—
has acted honestly and reasonably; and
ought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach;
the court may relieve the member wholly or partly from personal liability for the breach.
s 175 sub 2011 No. 26 s 175
(sec.175-ssec.1) This section applies if it appears to the Supreme Court that a member of a land trust is or may be personally liable for a breach of trust by the member, another member or the land trust.
(sec.175-ssec.2) If it appears to the court that the member— has acted honestly and reasonably; and ought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach; the court may relieve the member wholly or partly from personal liability for the breach.
- (a) has acted honestly and reasonably; and
- (b) ought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach;