### 12E Set-off for gains and losses > [*\[Section 12E Inserted by No. 64 of 1997, s. 4, Applied:01 Apr 1998\]*](/view/html/inforce/1998-04-01/act-1997-064#GS4@EN) > > > (1) The court, 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, may 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 under [subsection (1)](#GS12E@Gs1@EN) is in addition to any other power or entitlement to set off all or part of any loss against any property.

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