9 Nov 2016
WINTERBURN v WILSON [2016] NZHC 2687
- Citation
- [2016] NZHC 2687
- Court
- High Court
The defendant's opposition was bona fide and reasonable and the litigation, while arising from the state of the deceased's affairs, did not attract blame to the testator; applying the Court's discretion and established principles the just outcome is that costs lie where they fall; accordingly no order for the defendant to pay the plaintiffs' costs and no general order that the estate pay costs, but the plaintiffs' solicitor's costs are properly charged to the estate on an indemnity basis.