ASH v SINGH as trustee of the SHEAN SINGH FAMILY TRUST [2018] NZHC 224

ASH v SINGH as trustee of the SHEAN SINGH FAMILY TRUST [2018] NZHC 224

The plaintiff is entitled to recover actual and reasonable costs relating to the first cause of action (trust dispute concerning validity of the deed of variation) to be paid from the trust estate; interlocutory applications for judicial settlement conference and security for costs are ordered against the trustees personally (category 2) and the trustees may not indemnify themselves from trust assets for those; the plaintiff is not entitled to costs on the failed summary judgment application concerning the fourth cause of action; the plaintiff must file evidence to permit apportionment of his actual costs between causes; leave reserved for further directions. Trustees' conduct in adopting...

Citation
[2018] NZHC 224
Parties
Plaintiff: Gabriel Sebastian Ash; First Defendant / Trustee: Mahendra Singh as trustee of the Shean Singh Family Trust; Second Defendant: Geoffrey Hugh Bourchier; Third Defendant: Darsan Singh
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 February 2018
Procedural Posture
Civil – Trust and Equitable Claims (summary Judgment and Interlocutory Applications) / Costs Determination Following Summary Judgment Decision; Appeal Pending
Outcome
Costs orders made: plaintiff to recover actual and reasonable costs for first cause from the trust (apportionment to be proved); trustees personally liable for costs of interlocutory applications for judicial settlement conference and security for costs (category 2) and may not indemnify from trust assets for those;...
Legal Topics
Summary Judgment, Trustee Indemnity, Costs Orders, Security for Costs, Judicial Settlement Conference, Beneficiary Dispute, Deed of Variation Validity, Apportionment of Costs
Trusts Equity Civil Procedure Costs Summary Judgment Trustee Indemnity Costs Orders Security for Costs +4 more

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Parties

Gabriel Sebastian Ash

Plaintiff

Mahendra Singh as trustee of the Shean Singh Family Trust

First Defendant / Trustee

Geoffrey Hugh Bourchier

Second Defendant

Darsan Singh

Third Defendant

Procedural Posture

Civil – Trust and Equitable Claims (summary Judgment and Interlocutory Applications) / Costs Determination Following Summary Judgment Decision; Appeal Pending

Legal Issues

  1. 1 Whether plaintiff is entitled to costs and whether those costs should be paid from the trust estate or by the trustees personally
  2. 2 Whether trustees are entitled to be indemnified out of trust assets for costs incurred
  3. 3 Apportionment of plaintiff's costs between causes of action (trust dispute v beneficiary disputes)

Ratio Decidendi

The plaintiff is entitled to recover actual and reasonable costs relating to the first cause of action (trust dispute concerning validity of the deed of variation) to be paid from the trust estate; interlocutory applications for judicial settlement conference and security for costs are ordered against the trustees personally (category 2) and the trustees may not indemnify themselves from trust assets for those; the plaintiff is not entitled to costs on the failed summary judgment application concerning the fourth cause of action; the plaintiff must file evidence to permit apportionment of his actual costs between causes; leave reserved for further directions. Trustees' conduct in adopting...

Court Disposition

Costs orders made: plaintiff to recover actual and reasonable costs for first cause from the trust (apportionment to be proved); trustees personally liable for costs of interlocutory applications for judicial settlement conference and security for costs (category 2) and may not indemnify from trust assets for those;...

Orders

  • The plaintiff shall recover his actual and reasonable costs of this proceeding relating to his first cause of action; plaintiff to file further evidence of actual costs and time records so apportionment may be made; counsel to confer and if no agreement memoranda to be filed for decision on the papers.
  • The plaintiff's costs order on the first cause of action is against the trustees, who are entitled to indemnify themselves out of the trust assets; the plaintiff may use subrogation to enforce the trustees' indemnities.