Trilogy Management Limited -v- YT and Others [2013] JRC 142 (22 July 2013)

Trilogy Management Limited -v- YT and Others [2013] JRC 142 (22 July 2013)

All three preliminary issues were matters of trust administration falling within Buckton category 2; costs of all parties should be paid out of the trust fund, with YT on trustee basis and Trilogy and Mrs C on indemnity basis.

Citation
[2013] JRC 142
Parties
Applicant: Trilogy Management; Respondent: YT; Respondent: Attorney General; Interested Party: JY; Intervenor: Mrs C
Jurisdiction
Jersey
Judgment Date
22 July 2013
Procedural Posture
Representation / Costs Ruling Following Judgment on Preliminary Issues
Outcome
Costs order granted; costs of all parties for preliminary issues to be paid out of the trust fund.
Legal Topics
Trust Administration, Trustee Costs, Dividend Distribution, Articles of Association, Beddoe Relief, Beneficiaries Dispute
Trusts Charity Law Company Law Trust Administration Trustee Costs Dividend Distribution Articles of Association Beddoe Relief +1 more

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Parties

Trilogy Management

Applicant

YT

Respondent

Attorney General

Respondent

JY

Interested Party

Mrs C

Intervenor

Procedural Posture

Representation / Costs Ruling Following Judgment on Preliminary Issues

Legal Issues

  1. 1 Entitlement to costs from trust fund for parties involved in preliminary issues
  2. 2 Classification of proceedings under Buckton categories
  3. 3 Whether trustee acted unreasonably in not conceding points or seeking Beddoe relief

Ratio Decidendi

All three preliminary issues were matters of trust administration falling within Buckton category 2; costs of all parties should be paid out of the trust fund, with YT on trustee basis and Trilogy and Mrs C on indemnity basis.

Court Disposition

Costs order granted; costs of all parties for preliminary issues to be paid out of the trust fund.

Orders

  • YT to have its costs out of the trust fund on trustee basis.
  • Trilogy and Mrs C to have their costs out of the trust fund on indemnity basis.