sec.185Protection of trustee acting under court directions

sec.185 Protection of trustee acting under court directions

If a trustee acts in accordance with a direction of the court given under section 184 , the trustee is taken, in relation to the trustee’s own liability, to have discharged the trustee’s duty as trustee in the matter the subject of the direction. Subsection (1) applies even if the direction is later varied or set aside. However, this section does not protect the trustee from liability for an act done under the direction if, in obtaining the direction, or in agreeing (either expressly or impliedly) with the court in making the order giving the direction, the trustee— commits a fraud; or wilfully conceals a material matter; or misrepresents a material matter. In this section— varied or set aside includes invalidated, overruled and declared to be of no effect. (sec.185-ssec.1) If a trustee acts in accordance with a direction of the court given under section 184 , the trustee is taken, in relation to the trustee’s own liability, to have discharged the trustee’s duty as trustee in the matter the subject of the direction. (sec.185-ssec.2) Subsection (1) applies even if the direction is later varied or set aside. (sec.185-ssec.3) However, this section does not protect the trustee from liability for an act done under the direction if, in obtaining the direction, or in agreeing (either expressly or impliedly) with the court in making the order giving the direction, the trustee— commits a fraud; or wilfully conceals a material matter; or misrepresents a material matter. (sec.185-ssec.4) In this section— varied or set aside includes invalidated, overruled and declared to be of no effect.

• (a) commits a fraud; or
• (b) wilfully conceals a material matter; or
• (c) misrepresents a material matter.