Trident Trust company (NZ) Limited v Bozo

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-003060

[2018] NZHC 1599

BETWEEN
TRIDENT TRUST COMPANY (NZ) LIMITED

Applicant

AND

LEOPOLDO EDUARDO CASTILLO BOZO

Respondent

CIV-2018-404-000304

BETWEEN

GILDA MARIA CALVO DE CASTILLO
Applicant

AND

TRIDENT TRUST COMPANY (NZ) LIMITED

First Respondent

MARIALE HOLDINGS LIMITED
Second Respondent

LEOPOLDO EDUARDO CASTILLO BOZO

Third Respondent

Hearing: On the papers

Judgment:

2 July 2018

JUDGMENT OF DOWNS J

(Costs)

This judgment was delivered by me on Monday, 2 July 2018 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

TRIDENT TRUST COMPANY (NZ) LTD v BOZO [2018] NZHC 1599 [2 July 2018]

[1]My judgment of 4 May 2018 provides the background.1

[2] There is much agreement about costs. Trident Trust Company (NZ) Ltd (“Trident”) and Mr Leopoldo Castillo agree Trident is entitled to reimbursement of
$75,500.80 of its costs from the trust fund. The freezing order is varied to allow this payment.

[3] I am satisfied Mr Castillo should pay $16,257.50 towards Trident’s costs; his actions set the litigation in train.

[4] This leaves $23,267,38 outstanding, about which little remains known. The parties may file further submissions on this amount if they wish to. Agreement is encouraged.

……………………………..

Downs J

Solicitors/Counsel:
Minter Ellison Rudd Watts, Auckland. TGT Legal, Auckland.
Stace Hammond, Hamilton.

1 Trident Trust Co (NZ) Ltd v Bozo [2018] NZHC 947.

CaseChat Overview and Summary

The High Court of New Zealand in Auckland heard a case between Trident Trust Company (NZ) Limited and Leopoldo Eduardo Castillo Bozo. The case dealt with the issue of costs reimbursement from a trust fund and the enforcement of a freezing order. A further case involved Gilda Maria Calvo de Castillo suing Trident Trust Company (NZ) Limited, Mariale Holdings Limited, and Leopoldo Eduardo Castillo Bozo, with Trident being the first respondent, Mariale Holdings Limited the second respondent, and Bozo the third respondent. The court considered the papers submitted by the parties and delivered its judgment on 2 July 2018.

The primary legal issue before the court was whether Trident Trust Company (NZ) Limited was entitled to reimbursement of its costs from the trust fund. The court was also required to determine the amount to be paid by Bozo towards Trident's costs, as well as the amount to be paid by the remaining parties. Additionally, the court needed to consider whether the freezing order should be varied to allow the payment of costs from the trust fund.

The court held that Trident Trust Company (NZ) Limited was entitled to reimbursement of $75,500.80 of its costs from the trust fund. The freezing order was varied to allow this payment. The court further determined that Bozo should pay $16,257.50 towards Trident's costs, as his actions set the litigation in train. The remaining amount of $23,267.38 was left unresolved, with the court encouraging the parties to reach an agreement on this amount. The court also allowed the parties to file further submissions if they wished to do so.

In conclusion, the court ordered that Trident Trust Company (NZ) Limited be reimbursed $75,500.80 from the trust fund, with Bozo paying $16,257.50 of these costs. The freezing order was varied to allow this payment. The remaining $23,267.38 was left unresolved, with the court encouraging the parties to reach an agreement on this amount.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established