4 Jul 2007
MCKINNON AND ORS V MACDUFF AS EXECUTRIX IN THE ESTATE OF PETER LEYS CHIGNELL HC CHCH CIV-2006-409-003030
- Citation
- openlaw-55ffd691_aa47_441c_98ff_4ec4742f0ac3.pdf
- Court
- Unknown Court
The appeal was allowed: the estate is liable for costs incurred up to the death of Mr Chignell but it was an error to charge the estate for costs incurred from one month after his death until judgment because the post-death continuation was unmeritorious; the Family Court judge should have called for detailed submissions on costs and the name of the plaintiff in the Family Court proceedings was properly amended by the High Court's inherent powers.