New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Beddoe principle

Legal area

Court

13 Nov 2019

SUNDE v SUNDE & ORS AS TRUSTEES OF THE LEROY TRUST [2019] NZCA 552

Citation

[2019] NZCA 552
Court

Court of Appeal

The court held the existence of an express indemnity in the trust deed does not oust the court's supervisory jurisdiction; indemnities only cover costs properly and reasonably incurred. Kevin acted unreasonably and futilely in opposing summary judgment when debts were clearly payable, so he must personally bear the costs; appeal dismissed.
25 Feb 2009

WALKER AND ORS V COLLINS AND ANOR HC CHCH CIV-2007-409-002209

Citation

openlaw-f9995fe0_aaea_40be_a75a_1254766dc7e6.pdf
Court

High Court

On the balance of probabilities the original trustees made a binding commitment to the first defendant that the current account debt would be valued at $1.7m and distributed to him at that figure less any payments made on account since July 2001; alternatively, promissory estoppel gives the first defendant an equitable right enforceable by distribution at that value. The trustees acted reasonably in seeking court directions and are entitled to have legal costs of this s66 application paid from the trust.