127 Procedure for court’s review of trustee’s act, omission, or decision

(1)

An applicant for a review under section 126 must produce evidence that raises a genuine and substantial dispute as to whether the act, omission, or decision in question was or is reasonably open to the trustee in the circumstances.

(2)

If the court is satisfied that the applicant has established a genuine and substantial dispute, the onus is on the trustee to establish that the act, omission, or decision was or is reasonably open to the trustee in the circumstances.

(3)

If the court is satisfied on the balance of probabilities that the act, omission, or decision was not or is not reasonably open to the trustee in the circumstances, the court may (but subject to subsection (4))—

(a)

set aside the act or decision, or direct the trustee to act in the case of an omission:

(b)

restrain the trustee from acting or deciding in the case of a proposed act or decision, and direct the trustee to act in the case of a proposed omission:

(c)

make any other orders that the court considers necessary.

(4)

The court must not make an order that affects—

(a)

a valid distribution of the trust property that was made before the trustee had notice of the application; or

(b)

any right or title acquired by a person in good faith and for value.