FALOON and ORS v PUBLIC TRUST HC TAU CIV-2010-470-000052

FALOON and ORS v PUBLIC TRUST HC TAU CIV-2010-470-000052

The Court declined to award indemnity costs but found an award on scale 2B was appropriate given the circumstances and the defendant's considered position; accordingly costs of $7,144 were awarded plus $481 disbursements for counsel's airfare.

Citation
openlaw-e2af53d8_4c52_4104_87d3_49b2dc406f82.pdf
Parties
First Plaintiff: Clarence John Faloon; Second Plaintiff: Ruth Edin Faloon; Third Plaintiff: Three Trustees in the 1977-Year Diversion of the Kawau Stream Trust; Defendant: Public Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 September 2011
Procedural Posture
Application Under Trustee Act 1956 (sections 66, 67, 68) / Costs Decision (post Judgment)
Outcome
Applicant's review dismissed; defendant awarded costs and disbursements.
Legal Topics
Review of Trustee Decision, Indemnity Costs, Costs Scale 2 B, Disbursements
Trusts Civil Procedure Costs Review of Trustee Decision Indemnity Costs Costs Scale 2 B Disbursements

Case Brief

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Parties

Clarence John Faloon

First Plaintiff

Ruth Edin Faloon

Second Plaintiff

Three Trustees in the 1977-Year Diversion of the Kawau Stream Trust

Third Plaintiff

Public Trust

Defendant

Procedural Posture

Application Under Trustee Act 1956 (sections 66, 67, 68) / Costs Decision (post Judgment)

Legal Issues

  1. 1 Whether indemnity costs were appropriate
  2. 2 Appropriate quantum and scale of costs
  3. 3 Entitlement to disbursements (airfare)

Ratio Decidendi

The Court declined to award indemnity costs but found an award on scale 2B was appropriate given the circumstances and the defendant's considered position; accordingly costs of $7,144 were awarded plus $481 disbursements for counsel's airfare.

Court Disposition

Applicant's review dismissed; defendant awarded costs and disbursements.

Orders

  • Defendant awarded costs of $7,144 on scale 2B
  • Defendant awarded disbursements of $481 to cover the airfare of the defendant's leading counsel