New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trustees' proceedings
  • 16 Apr 2007

    DARK V WEENINK & ORS HC AK CIV 2003-404-5846

    Citation
    openlaw-bdc0275c_c611_4483_94d1_ac0952fb4e6b.pdf
    Court
    High Court

    The court affirmed the earlier award of indemnity costs for the whole proceedings but held indemnity costs mean actual costs reasonably incurred; it rejected defendants' attempt to confine recovery to a notional trustees' proceeding, made limited specific deductions for items incorrectly charged, found the remainder of the costs fell within a reasonable range given complexity and importance, and fixed indemnity costs at $117,088.37 to be payable out of the trust fund.