Lawrence v Cox

In *Lawrence v Cox*, the New South Wales Court of Appeal considered an application for leave to appeal a decision concerning the costs of a trustee. The primary dispute revolved around whether the trustee was entitled to an indemnity from the trust fund for costs incurred in litigation.

The central legal issue before the Court of Appeal was whether the primary judge erred in disallowing the trustee's indemnity for costs. This question necessarily involved an examination of the circumstances in which a trustee might be denied indemnity, particularly where the litigation did not raise any question of principle.

The Court of Appeal, in dismissing the summons for leave to appeal, implicitly upheld the primary judge's reasoning that the trustee was not entitled to an indemnity. While the specific reasons for this disallowance are not detailed in the provided text, the catchwords indicate that the decision was based on the absence of any question of principle, suggesting that the trustee's actions or the nature of the litigation did not warrant the protection of indemnity from the trust fund.

The summons for leave to appeal was dismissed, and the applicant was ordered to pay the costs of the proceedings.