10 Jun 2022
GEORGINA KAIN, GEORGE CHARLES KAIN, GEORGE HARRY COUPER KAIN and GEORGE MICHAEL KAIN v PUBLIC TRUST [2022] NZCA 239
- Citation
- [2022] NZCA 239
- Court
- Court of Appeal
The Court apportioned costs according to the degree of success: the Kain interests achieved limited success (assessed at 30%) and may recover 30% of their actual costs from the trusts while bearing 70% personally; the Hutton interests may recover 70% of their remaining actual costs from the trusts while bearing 30% personally; Public Trust is entitled to recover its reasonable appeal costs from the trusts; specific monetary orders were made reflecting these allocations. The trustee indemnity is affirmed but confined to costs properly and reasonably incurred.