1732
In forceCosts—trustee
Chapter 2Civil proceedings generally
Part 2.17Costs
Division 2.17.2Entitlement to costs
1732 Costs—trustee
(1)
This rule applies to a party who sues or is sued as trustee.
(2)
Unless the court otherwise orders—
(a)
the party is entitled to have costs of the proceeding that are not paid by someone else paid out of the fund held by the trustee; and
(b)
the costs must be assessed on a solicitor and client basis.
Note
Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
(3)
However, the costs caused by an unsuccessful claim or unsuccessful resistance to any claim to any property must not be paid out of the fund, unless the court otherwise orders.
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