31 Aug 2005
E WILSON, R G WILSON AND C J PYLE V R VAN DER KAAP HC WHA CIV 2003-488-579
- Citation
- openlaw-7ea596c6_c871_4ccc_bb54_8e8af2182d6d.pdf
- Court
- High Court
Indemnity costs were refused because the respondent did not act improperly or unnecessarily in invoking the statutory caveat procedure (Keane J had not found the caveat vexatious or frivolous), his continued opposition was arguable, failures to file affidavits were minor and not a breach warranting indemnity, and the executors' use of estate assets did not convert those assets into a 'fund' under r 48C(4)(c); accordingly applicants were awarded standard costs on category 2 band B including witnesses' expenses and disbursements to be fixed if necessary.