31 Aug 2018
C W HILIAU and G J WAGNER v M F TU’ILOTOLAVA and E C MURRAY [2018] NZHC 2286
- Citation
- [2018] NZHC 2286
- Court
- High Court
The Court determined the litigation was hostile (Buckton category 3), found no exceptional circumstances to justify a prospective costs award because the defendants lacked a strong case on testamentary capacity and undue influence (clinical records did not support incapacity and undue influence was not established on the available evidence), and dismissed the defendants' application for prospective indemnity costs; costs to follow the event on a 2B basis with memoranda if not agreed.