26 Mar 2021
Applicant was entitled to costs for the leave to appeal application; respondents had participated and acted as parties and thus were liable; there was no disqualifying conduct or special reason to reduce or defer costs; accordingly costs of $7,648 and disbursements $550 awarded to applicant, liability joint and several.
21 Dec 2020
The appeal was allowed because, absent the Court's concerns about service, the oral amendment to include an express order for Part 6 administration should have been permitted; statutory scheme shows Part 6 requires a decision whether to administer an estate under Part 6 and separately who should be appointed, and where no administrator exists service will ordinarily be on the person named by the testator (eg appointed executor), with unnamed creditors or beneficiaries not necessarily prejudiced by the grant of Part 6 administration.
15 Sept 2015
The Court exercised its case management discretion: the costs protection application is to be heard contemporaneously with the substantive Trustee Act directions application on 28 September 2015; leave to amend the originating application to seek protection from personal liability for costs was granted where no opposition existed; minor beneficiaries need not be joined nor a litigation guardian appointed because their interests coincide with their parents; and a detailed timetable for filing affidavits and submissions was fixed.