6 Dec 2013
THURSTON v THURSTON [2013] NZHC 3250
- Citation
- [2013] NZHC 3250
- Court
- High Court
Plaintiff entitled to costs for trustee removal; indemnity and uplift against defendants refused because their conduct did not justify increased costs but trustees are not entitled to indemnity from the trust fund under s38(2) or cl 8.2 where liability stems from conduct amounting to dishonesty or a wilful breach as assessed by the Spencer test; accordingly defendants must pay plaintiff costs equivalent to 2B share while the trust fund bears the remainder of plaintiff's costs and disbursements.