15 Nov 2013
DEAN v MOYLE [2013] NZHC 3032
- Citation
- [2013] NZHC 3032
- Court
- High Court
The costs incurred by the respondents in relation to the s 44 application were not reasonably and properly incurred in the performance of trustees' duties because they were caused solely by Mr Moyle's prolonged failure to provide information readily available to him; accordingly those costs are not payable from estate assets and must be met personally by Mr Moyle; applicants are entitled to their 2B costs recoverable jointly and severally from the respondents.