| Commentary

202 Setting aside of transactions

| Commentary

202 Setting aside of transactions

If, during the course of the administration of the estate, the trustee enters into any transaction with a person who is an associate of his, the court may, on the application of any person interested, set the transaction aside and order the trustee to compensate the estate for any loss suffered in consequence of it1. ‘Person interested’ has been held to mean a person with a proprietary or pecuniary interest2.

It is a defence if the transaction was entered into with the prior consent of the court, or it is shown

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