Trusts Act 2025
sec.81Court may set off gains and losses
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sec.81 Court may set off gains and losses
This section applies in relation to a proceeding against a trustee for a breach of trust in relation to an investment if a loss has been, or is expected to be, sustained by the trust. The court may set off all or part of the loss resulting from the investment against all or part of any gain resulting from any other investment, whether or not the other investment is a breach of trust. The power of set-off conferred under subsection (2) is in addition to any other power or entitlement to set off all or part of any loss against any property. (sec.81-ssec.1) This section applies in relation to a proceeding against a trustee for a breach of trust in relation to an investment if a loss has been, or is expected to be, sustained by the trust. (sec.81-ssec.2) The court may set off all or part of the loss resulting from the investment against all or part of any gain resulting from any other investment, whether or not the other investment is a breach of trust. (sec.81-ssec.3) The power of set-off conferred under subsection (2) is in addition to any other power or entitlement to set off all or part of any loss against any property.