13 Jun 2011
JAMES ROBERT REID V SUZANNE LYNNE COTTLE HC PMN CIV-2010-454-582
- Citation
- openlaw-78e2362b_301e_47de_b254_d33ef23128b0.pdf
- Court
- High Court
Indemnity costs were declined because the new proceedings were not plainly vexatious or frivolous: Court of Appeal judgments recognised merit in an account of profits, the res judicata analysis was not straightforward, and parties/issues were not identical. Ordinary scale costs (2B) were appropriate. Mr Reid, as trustee, may be indemnified from the trust under Trustee Act s38. Cooper Rapley, as solicitor-litigant/party, is entitled to recover costs.