Highland v Labraga (No 2) [2005] NSWSC 1212

Highland v Labraga (No 2) [2005] NSWSC 1212

The plaintiff beneficiary (Mrs Highland) had standing to bring the derivative action given the deadlock and lack of cooperation between trustees, and as the suit was competent prior to amendment and proceedings succeeded, the first defendant should pay the plaintiffs' costs.

Jurisdiction
Australia
Judgment Date
29 November 2005
Procedural Posture
Costs Application (after Main Judgment) / Post Judgment (costs Determination)
Outcome
Plaintiffs successful on the issue of costs; first defendant to pay plaintiffs' costs.
Legal Topics
['costs' 'standing in Trust Proceedings' 'derivative Actions' 'discretionary Trusts']
['equity' 'trusts and Estates' 'civil Procedure'] ['costs' 'standing in Trust Proceedings' 'derivative Actions' 'discretionary Trusts']

Case Brief

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Procedural Posture

Costs Application (after Main Judgment) / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether the plaintiff beneficiary had standing to bring the proceedings prior to the amendment of pleadings' 'Whether plaintiffs should receive the whole of the costs of suit or only those incurred after amendment']

Ratio Decidendi

The plaintiff beneficiary (Mrs Highland) had standing to bring the derivative action given the deadlock and lack of cooperation between trustees, and as the suit was competent prior to amendment and proceedings succeeded, the first defendant should pay the plaintiffs' costs.

Court Disposition

Plaintiffs successful on the issue of costs; first defendant to pay plaintiffs' costs.

Orders

  • ["First defendant to pay plaintiffs' costs." 'No order as to costs in relation to the second defendant.']