Carbone v Bernard Henricus Lamers as trustee for the Ben and Debra Lamers Family Trust

• 1. Contract
  2. › Oral agreement
  3. › Development of property through unit trust
  4. › Terms of oral agreement
  5. › Whether agreement specified which showroom each party would receive
  6. › Whether counterclaim properly brought by party not privy to oral agreement
• 1. Costs
  2. › Discretionary costs orders following trial
  3. › Apportionment of costs between successful and unsuccessful issues
  4. › Whether primary judge's 75%/25% apportionment manifested appellable error
  5. › House v The King principles
  6. › Rules of the Supreme Court 1971 (WA), O 66 r 1(1)
• 1. Trusts
  2. › Trustee's right of indemnity from trust assets
  3. › Costs of defending proceedings for removal of trustee
  4. › Whether trustee entitled to indemnity where trustee acted unreasonably but successfully defended some claims
  5. › Trustees Act 1962 (WA), s 71
  6. › Rules of the Supreme Court 1971 (WA), O 66 r 9(2)
• 1. Appeal
  2. › Standard of appellate review
  3. › Discretionary costs orders
  4. › Appellate restraint in relation to costs
  5. › Whether manifest error or order outside limits of sound discretionary judgment
  6. › Supreme Court Act 1935 (WA), s 37(1), s 60(1)(e)

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