18 Dec 2018
WAHO v TE KŌHANGA REO NATIONAL TRUST [2018] NZHC 3388
- Citation
- [2018] NZHC 3388
- Court
- High Court
Plaintiff is entitled to indemnity costs under Trust Deed cl 10.1 and/or Trustee Act s38(2) because he acted in conformity with his contractual and fiduciary obligations and brought proceedings in the interests of the trust; entitlement is limited to costs properly and reasonably incurred and the quantum must be assessed with defendant given opportunity to identify contested items and disclose its costs.