Australian Capital Territory Current Acts

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TRUSTEE ACT 1925 - SECT 89A

Power of Supreme Court to set off investment gains and losses

    (1)     In considering an action for breach of trust arising out of or in relation to an investment by a trustee where a loss has been or is expected to be made by the trust, the Supreme Court may set off all or part of the loss resulting from the investment against all or part of the gain resulting from any other investment whether in breach of trust or not.

    (2)     The power of set-off under subsection (1) is in addition to any other power or entitlement to set off all or part of any loss against any property.



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