Fast and Ors v Rockman and Ors (No.2)

Fast and Others v Rockman and Others (No. 2) involved a dispute over the administration of family trusts and the associated costs. The executors of a deceased estate, who were also the trustees of certain family trusts, were sued for mismanagement. The executors had previously failed to tender a schedule of these trusts during earlier Supreme Court proceedings, leading to the current litigation. The court was tasked with deciding whether the executors' failure to tender the schedule in the earlier proceedings rendered the current proceedings unnecessary and, if so, whether the executors should be held personally liable for the costs.

The court examined the executors' failure to tender the schedule of family trusts in the earlier proceedings and found that this omission rendered the current proceedings unnecessary. The executors provided no explanation for their failure to tender the schedule, and there were inconsistencies between the explanations provided by their solicitors and counsel. The court held that the executors were personally liable for the costs of the proceedings and ordered them to pay the costs of the fourth to sixth defendants.

The court's reasoning was based on the executors' failure to tender the schedule of family trusts, which led to the current proceedings being unnecessary. The lack of explanation for this failure, coupled with inconsistent explanations from their legal representatives, further supported the court's decision. As a result, the executors were ordered to personally bear the costs of the proceedings and to pay the costs of the fourth to sixth defendants. This decision underscores the importance of transparency and accountability in the administration of trusts and the potential personal liability of executors for unnecessary litigation.