18 May 2016
YARROW CHARITABLE TRUST v PAUL STEVEN YARROW [2016] NZHC 1011
- Citation
- [2016] NZHC 1011
- Court
- High Court
The respondent is liable for costs because he failed to timely articulate his claims or to initiate arbitration or court proceedings despite repeated requests since 2011 and a specific pre‑application warning; significant parts of the dispute fell outside the arbitration clause and had to be litigated in the High Court; the applicants were entitled to commence s 75 proceedings to protect trust administration, and costs of $21,915 plus disbursements were appropriate, including a specific $892 allowance for the costs memorandum.