1732Costs—trustee

1732 Costs—trustee (1) This rule applies to a party who sues or is sued as trustee. (2) Unless the court otherwise orders— (a) the party is entitled to have costs of the proceeding that are not paid by someone else paid out of the fund held by the trustee; and

Rule 1733 (b) the costs must be assessed on a solicitor and client basis. (3) However, the costs caused by an unsuccessful claim or unsuccessful resistance to any claim to any property must not be paid out of the fund, unless the court otherwise orders.