15 Mar 2023
Because the caveat was withdrawn before the date named in the order nisi, s 61(c) Administration Act 1969 permits the order nisi to be made absolute and therefore probate in common form was properly granted to the named executors; no costs order was made between the estate and the caveator.
20 Jun 2022
Because the caveator withdrew her caveat and filed no evidence in support, in accordance with s61(c) of the Administration Act 1969 the court must make the previously issued order nisi for grant of probate absolute; no costs order was made between the parties for the caveat proceedings.
26 Sept 2019
Costs follow the event; the caveators withdrew the caveat the day before the hearing without explanation, creating a reasonable inference the caveat lacked merit and functioned like a discontinuance, so costs should be paid by the caveators rather than charged to the estate. The court assessed and awarded reduced category 1B costs: $4,440.85 plus disbursements $84.85 and $296 for the costs application, totaling $4,820.85, payable by the caveators.
11 Feb 2014
Because the issue of ownership had been resolved, Ms Samuels was entitled to sell her share, the executor had no valid basis to maintain the caveat (and had abandoned appeal rights), the court ordered the caveat to lapse and awarded costs to Ms Samuels to be paid by the estate and deducted from amounts owing to the estate.
30 Jan 2014
The application was refused because it was reasonably arguable that the plaintiff holds the property subject to a constructive trust in favour of the defendants who lodged the caveat, and that arguable equitable interest justified leaving the caveat in place pending resolution.