BOYD v CONNOLLY [2016] NZHC 2070

BOYD v CONNOLLY [2016] NZHC 2070

The Court exercised its discretion and concluded that indemnity costs for Ms Boyd were not justified because her claimed costs were excessive and not shown to relate solely to the specific proceeding; accordingly awarded Ms Boyd 2B scale costs uplifted by 25% as a rough proxy for reasonable indemnity, and awarded Mr Connolly his actual costs from the estate.

Citation
[2016] NZHC 2070
Parties
Plaintiff/executor: Karen Michelle Boyd; Defendant/executor: Sean Connolly
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 September 2016
Procedural Posture
Probate/estate Litigation — Application Concerning Removal of Executors / Costs Determination Following Judgment on Executor Removal
Outcome
Ordered that Mr Connolly be paid his actual costs from the estate; Ms Boyd awarded 2B scale costs with a 25% uplift (total $42,287.50) to be paid from the estate; any further balance claimed by Ms Boyd must be sought from the estate administrator
Legal Topics
Removal of Executor, Indemnity Costs, Scale Costs, Fiduciary Duties, Property (relationships) Act S 42, Executor Indemnity From Estate
Estate Law Trusts Probate Civil Procedure Costs Law Removal of Executor Indemnity Costs Scale Costs +3 more

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Parties

Karen Michelle Boyd

Plaintiff/executor

Sean Connolly

Defendant/executor

Procedural Posture

Probate/estate Litigation — Application Concerning Removal of Executors / Costs Determination Following Judgment on Executor Removal

Legal Issues

  1. 1 Whether applicant's (Boyd) legal costs should be paid from the estate
  2. 2 Whether indemnity costs are payable to executors/trustees as of right
  3. 3 Whether claimed scale costs exceed actual costs and were incurred for the proceeding

Ratio Decidendi

The Court exercised its discretion and concluded that indemnity costs for Ms Boyd were not justified because her claimed costs were excessive and not shown to relate solely to the specific proceeding; accordingly awarded Ms Boyd 2B scale costs uplifted by 25% as a rough proxy for reasonable indemnity, and awarded Mr Connolly his actual costs from the estate.

Court Disposition

Ordered that Mr Connolly be paid his actual costs from the estate; Ms Boyd awarded 2B scale costs with a 25% uplift (total $42,287.50) to be paid from the estate; any further balance claimed by Ms Boyd must be sought from the estate administrator

Orders

  • Respondent Sean Connolly is to be awarded his actual costs to be paid from the estate of Fiona Marie Duncum.
  • Applicant Karen Michelle Boyd is awarded 2B scale costs with an uplift of 25% (total $42,287.50) to be paid from the estate. Any additional costs she seeks must be claimed from the estate administrator/administrator of the estate.