10 May 2023
MCKEAN FAMILY TRUSTEE LIMITED v MCKEAN (COSTS) [2023] NZHC 1098
- Citation
- [2023] NZHC 1098
- Court
- High Court
The Court declined a pre-emptive full indemnity because both proceedings were hostile and MFTL had acted in a way aligned with a single beneficiary and incurred unreasonable and unnecessary costs; the indemnity clause in the variation deed does not override these limits. The Court nevertheless allowed a limited indemnity of 30% of properly incurred costs, capped at NZD 82,762.51, and ordered that the respondents' costs in opposing the indemnity application be paid from the Trust.