31 Jul 2009
FINLAYSON & ORS V YOUNG & ORS HC WN CIV-2009-485-717
- Citation
- openlaw-9777c331_18d2_47da_af90_4420cdd80e3b.pdf
- Court
- High Court
The application for pre-emptive or indemnity costs and for an advance/distribution from the Trust is refused because the dispute is private hostile trust litigation (not public interest) and established authorities require costs to normally follow the event; the thresholds for exceptional pre-emptive relief are not met and nothing compels the trial judge to order costs out of the fund at this stage.