22 Oct 2021
KASPER TRUSTS v VAN DE ELZEN AND ANOR [2021] NZHC 2823
- Citation
- [2021] NZHC 2823
- Court
- High Court
Beddoe orders were granted because the consolidated Family Court proceedings were not 'hostile' against the trustees, the trustees have reasonably arguable defences (including reliance on the Property Agreement and compliance with the deceased's wishes), and authorising trustees to defend and be indemnified from trust assets was in the best interests of the trusts' beneficiaries, subject to reasonableness and cooperation on costs allocation.