7 Jul 2020
The plaintiffs failed to establish the doctrine of mutual wills due to insufficient evidence; no exceptional circumstances existed to displace the presumption that costs follow the event; good faith alone does not justify departure; therefore plaintiffs must pay defendant costs on the High Court 2B scale assessed at $30,244.50 plus $110.00 disbursements.
4 Dec 2018
The plaintiff's actual and reasonable costs are payable from the estate because the dispute arose from the deceased's failure to make a will, the plaintiff was entitled to pursue priority for letters of administration under r 27.35, the declaration proceedings focused solely on the de facto relationship and were reasonable, and the defendants' objections (including debt/conflict concerns) did not justify denying recovery of costs; however the plaintiff must particularise and justify the claimed amounts before the court will fix the quantum.
23 Sept 2010
The Public Trust, as executor, was required to be active in litigation and its counsel fees of $28,293.62 are proper; the trust solicitor and senior trust officer charges are generally proper but must be reduced by disallowing entries attributable to general estate administration and to the plaintiff's appeal; the net costs (after those deductions) are payable by the plaintiff by deduction from her share of the estate prior to distribution.