South Australian Consolidated Acts South Australian Consolidated Acts13C—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, the court may,
when considering the question of the trustee's liability, take into
account—
(a) the
nature and purpose of the trust; and
(b)
whether the trustee had regard to the matters set out in section 9 so far
as is appropriate to the circumstances of the trust; and
(c)
whether 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.