12DPower of Court to set off gains and losses arising from investment

12D Power of Court to set off gains and losses arising from investment (1) The 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. S. 12E inserted by No. 104/1995 s. 4.