1A trustee executing a deed of indemnity described as acting 'as trustee' incurs unlimited personal liability unless the deed contains express language stipulating that liability is limited to the trustee capacity only; a mere description of capacity is insufficient to exclude personal liability (Helvetic Investment Corporation Pty Ltd v Knight applied).
2A freezing order against a third party may be granted where there is a good arguable case on a prospective cause of action, a danger of asset dissipation (evidenced by active marketing of properties, distribution of trust assets to personal capacity, refusal to give preservation undertakings, and a history of delay), and the balance of convenience favours the order.
3A gross sum costs order is appropriate where the paying party is in liquidation with liabilities exceeding assets and the procedural history makes a formal assessment likely to be protracted and expensive, provided the evidence is sufficient for the court to determine an appropriate sum fairly.
