New South Wales Consolidated Acts

TRUSTEE ACT 1925 - SECT 90

90 Court may take into account investment strategy in action for breach of trust

In proceedings against a trustee for a breach of trust in respect of a duty under Division 2 of Part 2 relating to the trustee’s power of investment, the 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 set out in section 14C so far as is appropriate to the circumstances of the trust,

(c) whether the trust investments have been made pursuant to an investment strategy formulated in accordance with the duty of a trustee under Division 2 of Part 2,

(d) the extent the trustee acted on the independent and impartial advice of a person competent (or apparently competent) to give the advice.