New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal-related costs
  • 23 Sept 2010

    HILLS V PUBLIC TRUST AND ORS HC AK CIV-2008-404-2217

    Citation
    openlaw-a7717939_8c9d_4110_8571_6b4ec2ad49c9.pdf
    Court
    High Court

    The Public Trust, as executor, was required to be active in litigation and its counsel fees of $28,293.62 are proper; the trust solicitor and senior trust officer charges are generally proper but must be reduced by disallowing entries attributable to general estate administration and to the plaintiff's appeal; the net costs (after those deductions) are payable by the plaintiff by deduction from her share of the estate prior to distribution.

    • Executor duties
    • Costs recovery from estate
    • Itemised bill of costs
    • Apportionment among beneficiaries
    • Appeal-related costs