Lambie Trustee Ltd v Addleman - [2023] NZSC 7

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

SC 118/2019
[2023] NZSC 7

BETWEEN	LAMBIE TRUSTEE LIMITED Appellant
AND	PRUDENCE ANNE ADDLEMAN Respondent

Court:	William Young, Glazebrook, O’Regan, Ellen France and Williams JJ
Counsel:	D A T Chambers KC for Appellant A S Ross KC and R A Rose for Respondent
Judgment:	17 February 2023

JUDGMENT OF THE COURT

AMrs Addleman is to receive out of the Lambie Trust her actual costs in relation to the appeal to this Court plus usual disbursements (to be fixed by the Registrar if necessary). We allow for second counsel. Mrs Addleman is to provide a schedule of the costs incurred to Lambie Trustee Ltd within 10 working days of the date of delivery of this judgment. Any issue as to the reasonableness of the costs sought is to be determined by the Registrar.

BLambie Trustee Ltd is not entitled to any indemnity for costs and expenses in connection with the appeal to this Court, including both its own legal fees and any solicitor‑client costs and disbursements due to Mrs Addleman.

CLambie Trustee Ltd is to reimburse the Lambie Trust (from funds not sourced from the Trust) the costs awarded by this Court on the appeal.

D The orders of this Court at B and C, above, apply to the award of costs in the Court of Appeal.

EMrs Addleman is entitled to costs on a 2B basis together with reasonable disbursements in relation to costs in the High Court. Orders B and C, above, apply to the award of costs in that Court.

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REASONS
(Given by Ellen France J)

Introduction

In a judgment delivered on 1 June 2021, with one clarification, the Court dismissed an appeal brought by Lambie Trustee Ltd (LTL).[1] The judgment addressed issues arising from the application by the respondent, Mrs Addleman, for disclosure of trust documents. In particular, the judgment dealt with whether LTL could resist disclosure of legal advice on the basis of legal advice or litigation privilege. We reserved costs and sought submissions from the parties if agreement could not be reached.
[1]Lambie Trustee Ltd v Addleman [2021] NZSC 54, [2021] 1 NZLR 307 [SC judgment].
Submissions for the parties have now been received. Those submissions raise the following questions:
(a)Whether this is a case where Mrs Addleman should receive her actual costs and disbursements regarding this appeal from the Lambie Trust (the Trust).
(b)Whether LTL is entitled to any indemnity from the Trust for costs and expenses incurred in relation to the proceeding, including both its own legal costs and any costs due to Mrs Addleman, and whether it should be required to reimburse the Trust (from funds not sourced from the Trust) the costs awarded to Mrs Addleman.
(c)The approach to costs in the Courts below.
We deal with the first two questions together as they raise similar issues.

Entitlement to actual costs and ability to have recourse to the Trust funds

Mrs Addleman seeks…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Lambie Trustee Ltd v Addleman

Details

AGLC: Lambie Trustee Ltd v Addleman [2023] NZSC 7
Case: [2023] NZSC 7
Decision Date: 17 February 2023

CaseChat Overview and Summary

Lambie Trustee Limited (LTL) appealed against a decision in the High Court that it had to disclose certain documents to Prudence Anne Addleman, a beneficiary of the Lambie Trust. The Supreme Court of New Zealand dismissed the appeal. Now, the Court has to decide on the costs of the appeal. Mrs Addleman wants her actual costs from the Trust and wants LTL to reimburse the Trust for the costs awarded by the Court. LTL argues that Mrs Addleman's request for disclosure was too broad and that it acted reasonably in pursuing the appeal.

The Court decided that Mrs Addleman is entitled to her actual costs from the Trust and that LTL is not entitled to any indemnity for the costs of the appeal, including its own legal fees and any costs due to Mrs Addleman. LTL must reimburse the Trust for the costs awarded by the Court. The Court also decided that Mrs Addleman is entitled to costs on a 2B basis and reasonable disbursements in relation to costs in the High Court.

The Court made the following orders: Mrs Addleman is to receive her actual costs from the Trust, LTL is not entitled to any indemnity for the costs of the appeal, LTL must reimburse the Trust for the costs awarded by the Court, and Mrs Addleman is entitled to costs on a 2B basis and reasonable disbursements in relation to costs in the High Court.

Orders