Segal v Osborne (No 2)

[2016] NSWSC 1328

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › Trusts and trustees
3. › Powers, duties, rights and liabilities of trustees
4. › Whether trustees entitled to recover costs of proceedings on indemnity basis
5. › Whether trustees entitled to recover costs from trust assets
6. › Whether trustees should first seek to recover costs from unsuccessful plaintiff
7. › Whether trustees should then have recourse to unsuccessful plaintiff’s notional share of trust assets
1. Procedure
2. › Costs
3. › Third defendant applied for joinder to proceedings
4. › No relief sought against third defendant
5. › Limited participation in proceedings by third defendant
6. › Whether unsuccessful plaintiff should pay third defendant’s costs
1. Procedure
2. › Costs
3. › Whether unsuccessful plaintiff should indemnify other beneficiary for costs paid out of other beneficiary’s notional share of trust assets