5 Sept 2012
CARMINE V RITCHIE HC AK CIV 2011-404-006375
- Citation
- openlaw-9828c69e_1e29_441f_aad2_b30a6b22fe93.pdf
- Court
- High Court
The plaintiff is not entitled to indemnity from Trust assets because he acted unreasonably and improperly: he delayed ten months, actively and adversarially challenged his removal contrary to the wishes of the adult beneficiaries, was motivated by personal animus and an agenda unrelated to protecting beneficiaries, opposed appointment of independent counsel for infants and unborn beneficiaries, and caused unnecessary additional costs; accordingly costs follow the event and defendants are awarded costs under Category 2 on a Band B basis with disbursements.