Permanent Trustee Co Ltd v Keogh

The case of Permanent Trustee Co Ltd v Keogh involved the trustee of a trust fund, the Permanent Trustee Company Limited, suing the trustee, Keogh, for costs incurred in the administration of the trust. The dispute was heard in the Supreme Court of Victoria. The matter revolved around the circumstances under which Keogh, as the trustee, was entitled to be reimbursed for costs and whether the trustee, as the party with the benefit of the trust fund, could also claim costs against the trustee.

The court had to determine whether Keogh, the trustee, was entitled to be reimbursed for costs incurred in the administration of the trust. Specifically, the court had to consider whether Keogh was entitled to claim costs under the terms of the trust deed and whether the trustee, as the party with the benefit of the trust fund, could also claim costs against Keogh. The court was required to assess whether the trustee was entitled to costs under a Bullock Order and, if so, what quantum of costs was appropriate.

The court found that Keogh was entitled to be reimbursed for costs incurred in the administration of the trust. The court held that Keogh was entitled to costs under the terms of the trust deed and that the trustee was also entitled to claim costs against Keogh. The court emphasised that a Bullock Order could be made in appropriate circumstances, and in this case, the trustee was entitled to costs under such an order. The court considered the nature and extent of the services provided by the trustee and the costs incurred by Keogh, and determined that the trustee was entitled to a reasonable sum for costs. The court ordered Keogh to pay the trustee's costs of the proceeding, including the costs of an appeal to the Court of Appeal, and the trustee's costs of an application for a review of a decision of the Court of Appeal.