Queensland Law Society

Amos v Ian K Fry & Company [2010] QCA 131

Amos v Ian K Fry & Company [2010] QCA 131

Procedure – costs – where order made for trustee/executor to deduct such costs from beneficiary’s share of estate as attributable to his conduct in commencing proceedings – where beneficiary refused leave to commence proceedings to seek a costs assessment order – where beneficiary sought leave to appeal from decision – whether beneficiary had standing to seek costs assessment order against trustee’s solicitor – meaning of ‘third party payer’ in the LPA – whether beneficiary had a legal obligation to pay costs.

(See also the review of this case in Proctor August 2010 pages 42-43 and further comments in Proctor February 2011 pages 52-53).