17 Feb 2023
LAMBIE TRUSTEE LIMITED v PRUDENCE ANNE ADDLEMAN [2023] NZSC 7
- Citation
- [2023] NZSC 7
- Court
- Supreme Court
Because LTL aligned entirely with a single beneficiary, failed to seek directions or a Beddoe order, rejected a late settlement offer that corresponded to the eventual outcome and thereby acted unreasonably/partisanly in litigation, LTL was deprived of its indemnity and Mrs Addleman was entitled to recover her actual costs from the Trust; LTL must reimburse the Trust from non‑trust funds for costs awarded and the same approach applies to the Court of Appeal and High Court awards.