21 May 2015
Although the proceedings prima facie fell within the category warranting indemnity costs, the Court exercised its discretion to award 3C scale costs plus disbursements because awarding indemnity costs would unfairly diminish the capital available to investors; respondents had received a significant benefit and should bear only a portion of costs despite complexity of the litigation.
3 Nov 2014
Although the April 9, 2014 orders could be read to include the remission within trust assets for distribution including a one-third payment to the first defendant, the Court exercised its equitable discretion to order a narrowly tailored distribution: $1,500 to the first defendant and the balance $7,500 divided between the plaintiff and second defendant in the shares provided by the April 9, 2014 judgment, to achieve a just and final resolution.
19 Aug 2009
Summary judgment entered for the Kelby Trust ordering payment of 50% of the solicitors' trust funds because the deed of resettlement and trust terms created an unequivocal entitlement and any solicitor's lien did not attach to funds held for a specified purpose; summary judgment was refused in respect of ownership of the resource consent because material factual issues (parties' common intention, scope of easement, quantity of water rights and possible mistake or need for rectification) required trial evidence and could not be resolved on affidavit material.