22 Oct 2019
Dodssuweit v Olivier [2019] NZHC 2707
- Citation
- [2019] NZHC 2707
- Court
- High Court
Litigation did not originate in fault of the testator so plaintiffs' costs were not payable from the estate or trust; however plaintiffs had reasonable grounds to challenge capacity and undue influence given hospital admission and secrecy, so second defendant was awarded costs against plaintiffs but reduced by 70% to reflect the context; first and third defendants awarded costs against plaintiffs but reduced by 40% for conduct and context; no uplift for the Calderbank/without prejudice save as to costs offer was ordered.