Procedure - Civil proceedings in State and Territory courts
› Costs - Indemnity costs
› Particular cases
› Indemnity costs awarded.
Aust Dig Procedure [1574-1579]
Equity
› General principles
› Generally - Other matters - Cherry v Boultbee [1839] EngR 1099; (1839) 41 ER 171 applied.
Aust Dig Equity [1132]
Quick Take
1Where an administrator's grant is revoked because she acted in her own interest rather than the estate's, and the proceedings were rendered necessary by her unreasonable refusal to perform agreed obligations, those are sufficiently special or unusual features to justify indemnity costs against the administrator personally.
2A trustee who defends removal proceedings in her own interest rather than the estate's is not entitled to indemnification from the estate for her legal costs.
3The rule in Cherry v Boultbee permits an administrator to appropriate from a beneficiary's share of the estate any amounts the estate has paid to discharge that beneficiary's personal costs liability, as a netting-off of reciprocal monetary obligations.
