A Trustees Limited -v- W X Y and Z [2008] JRC 098 (20 June 2008)

A Trustees Limited -v- W X Y and Z [2008] JRC 098 (20 June 2008)

The Trustee's costs were reasonably and properly incurred in the circumstances, and there was no basis for subjecting them to taxation on the trustee basis as sought by W. The Trustee is entitled to be indemnified out of the trust fund for its costs.

Citation
[2008] JRC 098
Parties
Applicant: W; Respondent: Trustee
Jurisdiction
Jersey
Judgment Date
20 June 2008
Procedural Posture
Trust Application / Post Judgment Costs Determination
Outcome
Trustee's costs to be indemnified out of the trust fund; costs of all parties to be paid out of the new trust on the indemnity basis; W's application for trustee basis taxation refused.
Legal Topics
Trustee Costs, Costs Orders, Taxation of Costs, Indemnity Basis
Trusts Civil Procedure Trustee Costs Costs Orders Taxation of Costs Indemnity Basis

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Parties

W

Applicant

Trustee

Respondent

Procedural Posture

Trust Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the Trustee's costs should be subject to taxation on the trustee basis if not agreed by W
  2. 2 Whether the Trustee's costs were reasonably and properly incurred
  3. 3 Whether W is entitled to an order placing her in a stronger position regarding costs than under the Alhamrani principles

Ratio Decidendi

The Trustee's costs were reasonably and properly incurred in the circumstances, and there was no basis for subjecting them to taxation on the trustee basis as sought by W. The Trustee is entitled to be indemnified out of the trust fund for its costs.

Court Disposition

Trustee's costs to be indemnified out of the trust fund; costs of all parties to be paid out of the new trust on the indemnity basis; W's application for trustee basis taxation refused.

Orders

  • Trustee to be indemnified out of the trust fund for its costs of and incidental to the application and this hearing on costs.
  • Costs of the parties convened to the application, both in relation to the application and this hearing on costs, to be paid out of the new trust on the indemnity basis.