DELL v POPE [2016] NZHC 2850

DELL v POPE [2016] NZHC 2850

The judge exercised discretion to award costs to Mr Dell but reduced the claimed amounts because the litigation and costs were disproportionate to the estate, and because Mr Dell's conduct contributed to the escalation; accordingly partial costs were fixed at $26,098.24 to Mr Jenkin and $12,000 to Bruce Dell Law (inclusive of GST) plus disbursements.

Citation
[2016] NZHC 2850
Parties
Plaintiff (executor and Solicitor): Bruce Kenneth Dell; Defendant (beneficiary and Co Executor): Annette Patricia Pope
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 November 2016
Procedural Posture
Estate Administration / Probate Dispute / Costs Determination Following Settlement of Proceedings
Outcome
Costs awarded in part to Mr Dell; full indemnity denied
Legal Topics
Executor Removal and Appointment, Estate Administration Costs, Appointment of Public Trust as Co Executor/co Trustee, Indemnity for Trustees, Conduct and Proportionality in Costs Assessment
Trusts and Estates Probate Law Civil Procedure Costs Law Executor Removal and Appointment Estate Administration Costs Appointment of Public Trust as Co Executor/co Trustee Indemnity for Trustees +1 more

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Parties

Bruce Kenneth Dell

Plaintiff (executor and Solicitor)

Annette Patricia Pope

Defendant (beneficiary and Co Executor)

Procedural Posture

Estate Administration / Probate Dispute / Costs Determination Following Settlement of Proceedings

Legal Issues

  1. 1 Whether costs should be awarded to Mr Dell
  2. 2 Whether the amounts claimed were excessive or disproportionate to the estate
  3. 3 Whether Mr Dell's conduct contributed to increased costs and should reduce his entitlement

Ratio Decidendi

The judge exercised discretion to award costs to Mr Dell but reduced the claimed amounts because the litigation and costs were disproportionate to the estate, and because Mr Dell's conduct contributed to the escalation; accordingly partial costs were fixed at $26,098.24 to Mr Jenkin and $12,000 to Bruce Dell Law (inclusive of GST) plus disbursements.

Court Disposition

Costs awarded in part to Mr Dell; full indemnity denied

Orders

  • Award costs to Mr Dell for Mr Jenkin in the sum of $26,098.24 (inclusive of GST)
  • Award costs to Mr Dell for Bruce Dell Law in the sum of $12,000.00 (inclusive of GST) plus disbursements