In the matter of the Dunlop Settlement [2013] JRC 123 (25 June 2013)

In the matter of the Dunlop Settlement [2013] JRC 123 (25 June 2013)

NS, as a convened beneficiary in trust administration proceedings, is entitled to half her costs out of the trust fund on the indemnity basis due to partial unreasonable conduct; TIB's application for an adverse costs order against NS is rejected as insufficient in category (1) proceedings.

Citation
[2013] JRC 123
Parties
Trustee: Capita; Beneficiary: NS; Trustee in Bankruptcy: TIB; Claimant: Faircliff; Claimant: Pestana; Claimant: Humberstone Trustees
Jurisdiction
Jersey
Judgment Date
25 June 2013
Procedural Posture
Trust Litigation / Post Judgment Costs Determination
Outcome
NS awarded 50% of her costs out of the trust fund on the indemnity basis; TIB's application for adverse costs order against NS rejected.
Legal Topics
Costs in Trust Litigation, Beneficiary Costs Entitlement, Trustee Conflict of Interest
Trusts Civil Procedure Costs in Trust Litigation Beneficiary Costs Entitlement Trustee Conflict of Interest

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Parties

Capita

Trustee

NS

Beneficiary

TIB

Trustee in Bankruptcy

Faircliff

Claimant

Pestana

Claimant

Humberstone Trustees

Claimant

Procedural Posture

Trust Litigation / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether NS, as a convened beneficiary, is entitled to costs out of the trust fund on the indemnity basis
  2. 2 Whether NS's conduct was unreasonable so as to deprive her of costs
  3. 3 Whether TIB is entitled to an adverse costs order against NS

Ratio Decidendi

NS, as a convened beneficiary in trust administration proceedings, is entitled to half her costs out of the trust fund on the indemnity basis due to partial unreasonable conduct; TIB's application for an adverse costs order against NS is rejected as insufficient in category (1) proceedings.

Court Disposition

NS awarded 50% of her costs out of the trust fund on the indemnity basis; TIB's application for adverse costs order against NS rejected.

Orders

  • NS to recover half her costs from the trust fund on the indemnity basis.
  • No adverse costs order against NS in favour of TIB.