12 Jun 2023
Because the applicant succeeded by consent orders she was entitled to costs, but the respondents demonstrated circumstances beyond their control (sudden death, complex and partly overseas records, pandemic impacts) that justified a reduction to 60% of the claimed 2B costs, resulting in an award of $10,752.60.
16 Feb 2022
Defendants were entitled to costs on a 2B scale because rejecting the plaintiff's $600,000 offer on 25 January 2021 was reasonable given executors' duty to obtain market value and evidence that the market value in 2021 was substantially higher; second counsel costs were disallowed; costs and disbursements were reduced by disallowing item 35 resulting in an award of $61,221.02 to defendants.
28 Mar 2018
Appellants acted in their capacity as executors in defending the will and had sufficient and reasonable grounds to do so under the Re Paterson principles; accordingly costs of the appeal (standard band A and usual disbursements) are payable from the estate and the appellants are not personally liable.
12 Jun 2017
The applicant failed to establish a reasonably arguable caveatable interest in the properties because the DOFA, arbitral proceedings and claims under the Family Protection Act and Testamentary Promises Act do not create an equitable or proprietary interest in the land; the caveats therefore could not be sustained and no leave to lodge a second caveat was granted.
1 Mar 2013
The plaintiffs were entitled to costs for the application to obtain a sale order to enforce unchallenged judgments; the defendants' opposition did not provide sufficient basis to deny costs because they had opportunities to inquire or apply to set judgment aside, and an uplift was refused because the plaintiffs did not provide evidence to quantify extra costs or justify the level of uplift.