29 Aug 2007
KAIN V HUTTON CA CA237/03
- Citation
- openlaw-f231b2cd_1f0b_47e0_8938_bf706cfe163f.pdf
- Court
- Court of Appeal
The Court held that (1) the appellants' claims for damages and inquiries were dismissed; (2) costs awards of $42,000 (7 days at the standard $6,000 daily rate) plus usual disbursements were appropriate to compensate successful respondents and to reimburse the Public Trust for costs it had met; (3) the three trustees are entitled to indemnity from trust assets for their reasonable costs, but the Kain trustees are not entitled to indemnity because their involvement was duplicative and unnecessary; (4) the Public Trust having not opposed reimbursement is to be reimbursed and to allocate costs am…