Trilogy Management v YT and Others [2012] JCA 204 (09 November 2012)

Trilogy Management v YT and Others [2012] JCA 204 (09 November 2012)

In trust administration appeals, successful appellants (whether trustees or beneficiaries) are entitled to indemnity costs from the trust fund, provided their participation is not adversarial and is necessary for proper administration. Neutral trustees are also entitled to indemnity costs reasonably incurred. The Court will not order costs to be paid from specific company profits not yet distributed to the trust, nor will it amend prior judgments on points not argued or necessary to the decision. Leave to appeal to the Privy Council will only be granted in exceptional circumstances to avoid unnecessary depletion of charitable assets.

Citation
[2012] JCA 204
Parties
Representor: Trilogy Management Limited; Respondent: YT Charitable Foundation (International) Limited; Respondent: HM Attorney General; Respondent: OM - LC Charitable Foundation International; Respondent: The Empowerment Charitable Trust; Respondent: The Saving Grace Charitable Trust; Respondent: OM - VC Charitable Foundation; Respondent: The Well Trust; Respondent: Mrs C
Jurisdiction
Jersey
Judgment Date
09 November 2012
Procedural Posture
Appeal (ancillary Applications) / Post Judgment Applications Following Substantive Appeal
Outcome
Applications granted in part and refused in part.
Legal Topics
Costs in Trust Litigation, Construction of Trust/company Instruments, Leave to Appeal, Administration of Charitable Trusts
Trusts and Estates Charity Law Civil Procedure Costs in Trust Litigation Construction of Trust/company Instruments Leave to Appeal Administration of Charitable Trusts

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Parties

Trilogy Management Limited

Representor

YT Charitable Foundation (International) Limited

Respondent

HM Attorney General

Respondent

OM - LC Charitable Foundation International

Respondent

The Empowerment Charitable Trust

Respondent

The Saving Grace Charitable Trust

Respondent

OM - VC Charitable Foundation

Respondent

The Well Trust

Respondent

Mrs C

Respondent

Procedural Posture

Appeal (ancillary Applications) / Post Judgment Applications Following Substantive Appeal

Legal Issues

  1. 1 Proper approach to costs in trust litigation on appeal
  2. 2 Entitlement of neutral trustees and beneficiaries to indemnity costs
  3. 3 Whether to amend prior judgment regarding construction of company articles

Ratio Decidendi

In trust administration appeals, successful appellants (whether trustees or beneficiaries) are entitled to indemnity costs from the trust fund, provided their participation is not adversarial and is necessary for proper administration. Neutral trustees are also entitled to indemnity costs reasonably incurred. The Court will not order costs to be paid from specific company profits not yet distributed to the trust, nor will it amend prior judgments on points not argued or necessary to the decision. Leave to appeal to the Privy Council will only be granted in exceptional circumstances to avoid unnecessary depletion of charitable assets.

Court Disposition

Applications granted in part and refused in part.

Orders

  • Mrs C awarded indemnity costs from the Foundation.
  • Trilogy awarded indemnity costs from the trust fund.