12DCourt may take into account investment strategy

### 12D Court may take into account investment strategy > [*\[Section 12D Inserted by No. 64 of 1997, s. 4, Applied:01 Apr 1998\]*](/view/html/inforce/1998-04-01/act-1997-064#GS4@EN) 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, the court, when considering the question of the trustee's liability, may take into account – > > > > (a) the nature and purpose of the trust; and > > > > > (b) whether the trustee had regard to the matters set out in [section 8](#GS8@EN) so far as is appropriate to the circumstances of the trust; and > > > > > (c) whether the trust investments have been made under an investment strategy formulated in accordance with the duty of a trustee under this Part; and > > > > > (d) the extent to which the trustee acted on the independent and impartial advice of a person competent, or apparently competent, to give the advice.