4 Mar 2020
BONE v TUCK [2020] NZHC 393
- Citation
- [2020] NZHC 393
- Court
- High Court
The Court exercised its discretion to award costs against Mr Tuck to Ms Bone on a 2B basis in the sum of $32,026 because the plaintiff succeeded in obtaining the substantive outcome (the trustee's removal) and her subsequent pursuit of an examination was justified by the defendant's delays and inadequate discovery; uplift was not warranted; the court will not order costs to be charged to the trust without the new trustee being given an opportunity to be heard and without a finding that expenses were properly and reasonably incurred under s 38(2) Trustee Act 1956.