18 Apr 2023
The applicant failed to provide reasons opposing the joint memorandum and all other parties supported the memorandum; the Court therefore exercised its discretion to order that the estate meet the specified costs and disbursements in the sums set out in the joint memorandum.
12 Aug 2022
The Court corrected the drafting slip because the proceeding was uncontentious, beneficiaries were represented and supported the correction, there was no opposition, and correction did not require further evidence; therefore the slip rule authorised amending sch 1 cl 2.18(c) to align voting eligibility with the increased number of trustees.
4 Jul 2022
Defendants were entitled to costs on a 2B basis because the plaintiff lodged a caveat without a caveatable interest; the general principle that costs follow the event applies in caveat proceedings and 2B costs were appropriate given the issues and urgency, resulting in an award of $7,648 plus $160 disbursements (total $7,808).