22 Jul 2010
D A ARMER V J P SIMPSON & ORS HC AK CIV 2007-404-7543
- Citation
- openlaw-9393d11e_29d5_4897_ba1b_116e709fa016.pdf
- Court
- High Court
On review the Court was prepared to examine the merits because the dispute was largely factual and would have rested on affidavits; having done so the Court found the plaintiff's claim had at best a modest chance of success, was undermined by her substantial financial position and by unnecessary allegations against her sister which caused the discontinuance; accordingly the presumption in r15.23 was displaced and costs were awarded to Ms Simpson and to the executors in specified sums.