The court-appointed Estate Trustee brought an application under Rule 75.06 for directions to distribute the estate and pay the respondent's share into court after she refused to sign a release over de minimis disbursements.
The respondent argued the application was improperly commenced and should have been an application to pass accounts.
The court agreed that Rule 75.06 was the incorrect procedure and dismissed the application.
However, finding the respondent's conduct in litigating over trivial amounts to be entirely unreasonable, the court exercised its discretion to award full indemnity costs of $27,000 against the successful respondent personally.
