GRANT v McDERMOTT & ANOR [2014] NZHC 1120

GRANT v McDERMOTT & ANOR [2014] NZHC 1120

The Court found the trustee/plaintiff did not act unreasonably or with bias, the question required judicial determination and involved real complexity, and the costs and disbursements were properly and reasonably incurred in the administration and litigation; accordingly the trustee was entitled to indemnity from the estate and the costs of all parties were ordered to be met from the estate.

Citation
[2014] NZHC 1120
Parties
Plaintiff (executor and Trustee of the Estate of David John Dudley Brown): Graham Grant; First Defendant: Denice McDermott; First Defendant: Susan Taylor; Second Defendant: Timothy Garnet Uren
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 May 2014
Procedural Posture
Trusts/estates — Declaratory Judgment Re Entitlement to Residue / Costs Stage (on the Papers)
Outcome
Costs and disbursements of the plaintiff, the first defendants, and the second defendant are to be met from the estate.
Legal Topics
Trustee Indemnity, Costs Orders, Entitlement to Residue, Application for Directions, Reasonableness of Trustee Conduct
Trusts Estates Probate Costs Adoption Law Declaratory Judgment Trustee Indemnity Costs Orders +3 more

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Parties

Graham Grant

Plaintiff (executor and Trustee of the Estate of David John Dudley Brown)

Denice McDermott

First Defendant

Susan Taylor

First Defendant

Timothy Garnet Uren

Second Defendant

Procedural Posture

Trusts/estates — Declaratory Judgment Re Entitlement to Residue / Costs Stage (on the Papers)

Legal Issues

  1. 1 Whether the trustee/plaintiff is entitled to indemnity from the estate for costs
  2. 2 Whether the plaintiff acted unreasonably or for its own benefit or in concert with the first defendants
  3. 3 Whether costs of the parties should be met from the estate or borne personally

Ratio Decidendi

The Court found the trustee/plaintiff did not act unreasonably or with bias, the question required judicial determination and involved real complexity, and the costs and disbursements were properly and reasonably incurred in the administration and litigation; accordingly the trustee was entitled to indemnity from the estate and the costs of all parties were ordered to be met from the estate.

Court Disposition

Costs and disbursements of the plaintiff, the first defendants, and the second defendant are to be met from the estate.

Orders

  • The costs and disbursements of the plaintiff, the first defendants, and the second defendant are to be met from the estate.