28 Aug 2019
Triezenberg v Mason [2019] NZHC 2125
- Citation
- [2019] NZHC 2125
- Court
- High Court
The Court held that while the first defendant was entitled in principle to indemnification from the Mamari No.2 Trust for reasonable costs incurred in defending removal as trustee, specific categories of costs were excluded: (a) costs arising from an improperly issued subpoena and the set-aside application (indemnity costs awarded against him are deductible), (b) costs related to the 11 March 2018 deeds and associated trustee meetings were not incurred in his capacity as trustee (they were appointer actions) and are excluded from indemnity. The remaining solicitor fees were not, on their face…