DUNHAM v CHAMBERS [2014] NZHC 9

DUNHAM v CHAMBERS [2014] NZHC 9

No sufficient basis existed to make a personal indemnity costs award against the executor; applicant's costs for both applications are awarded on a category 2B scale to be paid from the estate; the executor's actual and reasonable costs and disbursements (including costs of a contemplated removal application) are to be met by the estate on an indemnity basis.

Citation
[2014] NZHC 9
Parties
Applicant (residuary Beneficiary): Rachel Dunham; Respondent (sole Executor): Christopher Edward Chambers; Deceased: Elsie Anne Chambers
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 January 2014
Procedural Posture
Probate/estate / Costs Judgment
Outcome
Costs orders: applicant awarded scale costs 2B to be paid from estate; executor entitled to indemnity from estate for his actual and reasonable costs
Legal Topics
Executor Removal, Accounts of Administration, Costs Awards, Indemnity Costs, Personal Liability of Executor
Probate Trusts and Trustees Civil Procedure Costs Executor Removal Accounts of Administration Costs Awards Indemnity Costs +1 more

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Parties

Rachel Dunham

Applicant (residuary Beneficiary)

Christopher Edward Chambers

Respondent (sole Executor)

Elsie Anne Chambers

Deceased

Procedural Posture

Probate/estate / Costs Judgment

Legal Issues

  1. 1 Whether applicant is entitled to a personal indemnity costs award against the executor for two applications
  2. 2 Whether applicant's costs should be met from the estate and on what scale
  3. 3 Whether executor is entitled to indemnity from the estate for his actual and reasonable costs including costs of applying to be removed

Ratio Decidendi

No sufficient basis existed to make a personal indemnity costs award against the executor; applicant's costs for both applications are awarded on a category 2B scale to be paid from the estate; the executor's actual and reasonable costs and disbursements (including costs of a contemplated removal application) are to be met by the estate on an indemnity basis.

Court Disposition

Costs orders: applicant awarded scale costs 2B to be paid from estate; executor entitled to indemnity from estate for his actual and reasonable costs

Orders

  • Applicant's costs in relation to the first application are to be met by the estate on a category 2B basis.
  • Applicant's costs in relation to the second application are to be met by the estate on a category 2B basis.