8 Dec 2022
Because the settlement represented a compromise with mutual undertakings, there was no court determination of the merits and no evidence of unreasonable conduct, the court could not identify a successful party and therefore ordered that costs lie where they fall.
31 Aug 2018
Because the plaintiff persisted in a case that collapsed on his own cross-examination, had not disclosed or considered key documentary evidence and failed without reasonable justification to accept settlement offers, the court found he unnecessarily continued the proceeding and awarded indemnity costs for all steps after service of his brief of evidence (due 3 April 2018) and 2B costs for earlier steps.
29 Nov 2017
The applications for security for costs were dismissed because, although plaintiffs are impecunious, the court considered the merits were not so lacking and the balance of interests favoured allowing the proceedings to continue; ordering security would effectively end the proceedings and therefore would not be just in all the circumstances. Costs on the security applications were reserved until conclusion of the proceedings.
2 Jul 2014
On the balance of probabilities the deceased made a testamentary promise to the Irelands (supported by a 1989 letter, the 1991 will, corroborating witnesses and contextual reliance), the Irelands rendered significant services and contributed financially (including materially to the cottage), there was a nexus and the deceased failed to provide the promised testamentary provision; exercising discretion as to relief the Court varied the will by vesting 50% of the farm at 590 Portobello Road in the Irelands as fair and reasonable compensation under s 3 TPA.
24 Oct 2007
The settlement deed did not create a present beneficial interest in the respondent's home; clause (c) is a testamentary promise/limitation on future gifts and does not impose a trust over the property or proceeds now, therefore the applicant cannot show an arguable beneficial interest in specific land under s137 and the caveat must be dismissed and interim non-lapse order vacated.