NTIn ForceAct
Trustee Act 1893
10FPower of Court to set off gains and losses arising from
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10F Power of Court to set off gains and losses arising from
investment
(1) A Court may, when considering an action for breach of trust arising
out of or in respect of an investment by a trustee where a loss has
been or is expected to be sustained by the trust, set off all or part of
the loss resulting from that investment against all or part of the gain
resulting from any other investment whether in breach of trust or
not.
(2) The power of set off conferred by subsection (1) is in addition to
any other power or entitlement to set off all or part of any loss
against any property.