NTIn ForceAct
Trustee Act 1893
10ECourt may take into account investment strategy in action for
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10E Court may take into account investment strategy in action for
breach of trust
If a trustee has been charged with a breach of trust in respect of a
duty under this Part relating to the trustee's power of investment, a
Court may, when considering the question of the trustee's liability,
take into account:
(a) the nature and purpose of the trust;
(b) whether the trustee had regard to the matters set out in
section 8 so far as is appropriate to the circumstances of the
trust;
(c) the trust investments have been made pursuant to an
investment strategy formulated in accordance with the duty of
a trustee under this Part; and
(d) the extent the trustee acted on the independent and impartial
advice of a person competent (or apparently competent) to
give the advice.