27 Mar 2007
GUNSON AND IMMS V IMMS AND OTHERS HC WHA CIV 2003-404-545
- Citation
- openlaw-2332df11_2ee6_4a9d_b6ee_8f4f5a5b911c.pdf
- Court
- High Court
Because the second respondents successfully resisted any variation of the will and the Court of Appeal clarified the High Court lacked the jurisdiction sought by the trustees, costs are awarded to the second respondents on a 2B basis to be paid by the estate; valuer's fees attributable to the proceedings are recoverable and, if not precisely ascertainable, an estimated 40% allocation may be applied.
- Family protection act claim
- Trustee directions
- Subdivision of land
- Costs assessment
- Recoverability of expert/disbursement costs
- Jurisdiction of trustee act