Trustee Act 1925
89Supreme Court considerations in action for breach of
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89 Supreme Court considerations in action for breach of trust In a proceeding against a trustee for a breach of trust in relation to a duty under division 2.2 relating to the trustee’s power of investment, the Supreme Court may, when considering the question of the trustee’s liability, take into account the following: (a) the nature and purpose of the trust; (b) whether the trustee had regard to the matters mentioned in section 14C so far as is appropriate to the circumstances of the
(c) whether the trust investments were made in accordance with an investment strategy formulated in accordance with the duty of a trustee under division 2.2; (d) the extent the trustee acted on the independent and impartial advice of a person competent (or apparently competent) to give the advice.