21 Dec 2017
COURTENEY v PRATLEY [2017] NZHC 3285
- Citation
- [2017] NZHC 3285
- Court
- High Court
Pratley's defence of the $36,000 District Court claim was not necessary or reasonable in the circumstances; therefore he is not entitled to be indemnified from the New Zealand-based assets of the estate for costs and expenses incurred in defending that District Court claim. Factors: existing acrimony between beneficiaries, small claim amount making litigation disproportionate, former trustee's conflict of interest and choice to step away, erosion of estate by litigation costs, and availability of court directions/Beddoe protection.