Holding and Management Ltd v Property Holding and Investment Trust plc and Others
Holding and Management Ltd v Property Holding and Investment Trust plc and Others
- 1988
- All England Law Reports (1988) All ER 702-704(3) .
ChD 16 November 1987 Application by the Holding and Management Ltd (H) (maintenance trustee ) for an indemnity for payment of its costs out of a maintenance fund provided by contributions from the second to eighty-first defendants, leaseholders (tenants) of a block of flats which H managed on behalf of the first defendant, the landlord Property Holding and Investment Trust plc (P). The application follows a previous ChD ruling that there be no order as to costs following a compromise of an originating summmons brought by H to determine a number of issues relating to H`s proposed scheme of building works for the block. Held that it would be unjust to allow H to have its legal costs out of the maintenance fund either on the basis of the general rule that a trustee who had not acted improperly was entitled to be indemnified out of the trust fund or under RSC Ord 62, r 6(2) since 1) H was acting as the landlord`s agent rather than as tenants` trustee in the legal proceedings to enforce t
MANAGING AGENTS
ChD 16 November 1987 Application by the Holding and Management Ltd (H) (maintenance trustee ) for an indemnity for payment of its costs out of a maintenance fund provided by contributions from the second to eighty-first defendants, leaseholders (tenants) of a block of flats which H managed on behalf of the first defendant, the landlord Property Holding and Investment Trust plc (P). The application follows a previous ChD ruling that there be no order as to costs following a compromise of an originating summmons brought by H to determine a number of issues relating to H`s proposed scheme of building works for the block. Held that it would be unjust to allow H to have its legal costs out of the maintenance fund either on the basis of the general rule that a trustee who had not acted improperly was entitled to be indemnified out of the trust fund or under RSC Ord 62, r 6(2) since 1) H was acting as the landlord`s agent rather than as tenants` trustee in the legal proceedings to enforce t
MANAGING AGENTS