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Beddoe Order

This category contains 14 posts

Between Buckton and the deep blue sea

Trustees looking for certainty regarding costs will commonly turn their minds to a Beddoe application. However, where costs are a live issue and the grounds for a Beddoe order may not be made out, an alternative course of action is to seek a prospective costs order.  While this may appear largely the sole dominion of … Continue reading

Certainty and protection

The purpose of a Beddoe application as set noted in Representation of X Trustees re D and E Trusts is to “.. provide certainty and protection to a trustee by predetermining the question of whether costs incurred in third party litigation were reasonable and should be borne out of the trust fund.” In considering whether … Continue reading

Blessing of one

PR Law Queenstown No 1 Trustees Limited (In Liquidation) relates to an urgent application by PR Law Queenstown No 1 Trustees Limited (In Liquidation) (the Company) who is one of two corporate trustees for directions under s 66 of the Trustee Act 1956 for the sale of trust owned shares to meet liabilities incurred as … Continue reading

Play nice

Geneva Trust Company v Tchenguiz is one of many judgments of the Jersey Royal Court that relate to the Tchenguiz Trusts.  In this case the Geneva Trust Company (Geneva) sought reimbursement of costs it incurred defending proceedings brought against it in the English High  Court.  A brief history of the matter is set out in the … Continue reading

A judge’s insight on Beddoe applications

Ten years ago, very few New Zealand practitioners were aware of or made use of Beddoe applications. More recently Beddoe applications have become increasingly important for trustees who are wanting to protect themselves in regard to costs in trust litigation. However, there are some very important points trustees need to bear in mind regarding Beddoe … Continue reading

Balance of convenience is best interest of beneficiaries

  The proceedings in McLaughlin v McLaughlin relate to a dispute between the beneficiaries and trustees of the Ashley Trust (the Trust) and whether there should be an interim injunction to prevent the trustees from proceeding with the next stage of a development of trust property. By way of background see A little light on Beddoe … Continue reading

Disclosure of legal advice

McCallum v McCallum relates to applications for discovery of information including trustee legal fees, trustee resolutions and legal advice received by trustees. The case considers important procedural aspects of when discovery can be sought, the rules that apply to originating applications and the extent of discretion available to the High Court regarding such matters.  Of … Continue reading

To Beddoe or not??

McLaughlin v McLaughlin relates to an application for a Beddoe Order by the trustee (Glasgow Harley Trustee Limited (Glasgow Harley) of the Ashley Trust (the Trust).  Two beneficiaries of the Trust seek the removal of Glasgow Harley who they are also suing for breaches of trust. Glasgow Harley denies any wrong doing and seeks a … Continue reading

Proper and reasonable

Until his removal in 2014 Toni Waho was a trustee of the Te Kōhanga Reo National Trust (the Trust), a trust that promotes the use and retention of Te Reo.  Me Waho was removed as a trustee on grounds that he had brought the Trust into disrepute by raising matters relating to the Trust and its … Continue reading

Strangers and Beddoe orders

A Beddoe order (the name derives from the case Re Beddoe (Downes v Cottam))  is an order made by the court that permits trustees to incur expense on behalf of the trust filing or defending proceedings. A Beddoe order (if obtained) protects the trustees against claims by the beneficiaries that the action should not have been brought … Continue reading

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