15 Apr 2019
MCLEAN v PUBLIC TRUST [2019] NZHC 819
- Citation
- [2019] NZHC 819
- Court
- High Court
The court held clause 5(a) vested in John on the testator's death (as previously determined), the plaintiff had no reasonable basis to believe the interpretation issue remained unresolved given the earlier settlement and multiple legal opinions, and the plaintiff commenced and continued proceedings in denial of that settlement and established law; accordingly indemnity costs were a permissible remedy though full indemnity was not awarded here due to insufficient particularisation of actual fees, and the plaintiff was ordered to pay enhanced costs (2B plus 50%) to the trustee and agreed costs…