27 Nov 2006
HARGREAVES V TELFORD AND HAINING HC AK CIV-2006-404-780
- Citation
- openlaw-257bdd5e_3c0e_4fd1_ae63_bdaa1bbdc749.pdf
- Court
- High Court
A trustee is not automatically entitled to a blanket indemnity; costs must be properly and reasonably incurred and, absent clear authorization and adequate evidential detail of benefit to the trust, the trustee bears the onus to justify them. Applying that test the court awarded a limited indemnity totalling $4,500 plus disbursements (comprising $2,000 for pre-litigation costs and $2,500 for litigation-related costs) to be paid from the second defendant's share of the trust funds.