ESTATE OF WILLIAM ROBERT KEAST [2015] NZHC 1505

ESTATE OF WILLIAM ROBERT KEAST [2015] NZHC 1505

The court refused to award increased or indemnity costs because the caveator's conduct did not unreasonably contribute to the time or expense of the proceeding and costs cannot be used to compensate for unrelated financial losses; the beneficiaries are awarded standard 2B costs, with only Step 38 of Schedule 3...

Source-derived case information.

Citation
[2015] NZHC 1505
Parties
Estate: Estate of William Robert Keast; Deceased: William Robert Keast; Caveator: Lance Keast; Beneficiaries: Beneficiaries (four daughters)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 July 2015
Procedural Posture
Probate / Will Contest Under the Administration Act 1969 / Costs Decision (post‑judgment)
Outcome
Costs awarded to the beneficiaries on a standard 2B scale; application for uplift and indemnity costs dismissed; only Step 38 of Schedule 3 recoverable (Step 2 disallowed as duplicative).
Legal Topics
Grant of Probate, Undue Influence, Caveat, Costs Uplift, Indemnity Costs, Calculation of Scale Costs
Probate Civil Procedure Costs Trusts and Equity Grant of Probate Undue Influence Caveat Costs Uplift +2 more

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Parties

Estate of William Robert Keast

Estate

William Robert Keast

Deceased

Lance Keast

Caveator

Beneficiaries (four daughters)

Beneficiaries

Procedural Posture

Probate / Will Contest Under the Administration Act 1969 / Costs Decision (post‑judgment)

Legal Issues

  1. 1 Whether to award increased or indemnity costs beyond standard scale (2B)
  2. 2 Whether costs can be used to compensate for unrelated financial loss (interest on loan)
  3. 3 Whether both Step 2 and Step 38 of Schedule 3 may be claimed or whether such claims duplicate each other

Ratio Decidendi

The court refused to award increased or indemnity costs because the caveator's conduct did not unreasonably contribute to the time or expense of the proceeding and costs cannot be used to compensate for unrelated financial losses; the beneficiaries are awarded standard 2B costs, with only Step 38 of Schedule 3 recoverable (Step 2 would duplicate Step 38).

Court Disposition

Costs awarded to the beneficiaries on a standard 2B scale; application for uplift and indemnity costs dismissed; only Step 38 of Schedule 3 recoverable (Step 2 disallowed as duplicative).

Orders

  • Application for increased costs under r 14.6(3)(d) dismissed
  • Indemnity costs refused