Court may take into account investment strategy in action for breach of trust
10E Court may take into account investment strategy in action for breach of trust
If a trustee has been charged with a breach of trust in respect of a duty under this Part relating to the trustee's power of investment, a Court may, when considering the question of the trustee's liability, take into account:
the nature and purpose of the trust;
(b) whether the trustee had regard to the matters set out in section 8 so far as is appropriate to the circumstances of the trust;
(c) the trust investments have been made pursuant to an investment strategy formulated in accordance with the duty of a trustee under this Part; and
(d) the extent the trustee acted on the independent and impartial advice of a person competent (or apparently competent) to give the advice.
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