A trustee's failure to seek judicial advice under s 63 of the Trustee Act before embarking on an appeal is highly relevant to whether the trustee has 'acted unreasonably' under UCPR r 42.25(2), potentially disentitling the trustee from indemnification from trust property for appeal costs. The word 'fund' in r 42.25 encompasses all trust property including land and buildings, not merely cash assets. Indemnity costs may be awarded for specific procedural failures (such as late amendment applications and submissions not corresponding to grounds of appeal) even where the appeal as a whole does not warrant indemnity costs.
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