Where a charitable trust is involved, the principles in Evans v Evans and Alsop Wilkinson v Neary requiring trustee neutrality in disputes between competing claimants are inapplicable because no person is a beneficiary of a charitable trust and no contestant claims to augment personal assets. The court identified specific factors governing whether a trustee should actively defend or remain neutral, including whether the trust is charitable and whether public interest considerations arise. Interim revocable costs orders in judicial advice applications do not create res judicata or issue estoppel in the principal proceedings.
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