Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 4) [2023] NSWSC 1260

Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 4) [2023] NSWSC 1260

The Court has no discretion to limit a trustee's personal liability for a costs order to the assets of a discretionary trust; the fifth defendant's notice of motion seeking such limitation must be dismissed.

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Equity / Consequential Orders Following Principal Judgment
Outcome
Notice of motion dismissed; fifth defendant to pay third plaintiff's costs of the notice of motion.
Legal Topics
['trusts and Trustees' 'trustee Indemnity' 'costs Orders']
['equity'] ['trusts and Trustees' 'trustee Indemnity' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity / Consequential Orders Following Principal Judgment

Legal Issues

  1. 1 ["Whether the fifth defendant's personal liability for costs should be limited to the assets of a discretionary trust" 'Whether the trustee is entitled to indemnity out of trust assets for costs']

Ratio Decidendi

The Court has no discretion to limit a trustee's personal liability for a costs order to the assets of a discretionary trust; the fifth defendant's notice of motion seeking such limitation must be dismissed.

Court Disposition

Notice of motion dismissed; fifth defendant to pay third plaintiff's costs of the notice of motion.

Orders

  • ['Order that the notice of motion filed by the fifth defendant on 30 June 2023 be dismissed.' "Order the fifth defendant to pay the third plaintiff's costs of the notice of motion."]