This decision addresses the issue of costs following the dismissal of an application brought by beneficiaries against estate trustees.
The court reaffirmed its earlier decision to award costs to the respondent estate, applying the "loser pay" principle in estate litigation.
The court found the applicant's claims lacked merit and criticized his conduct throughout the litigation, including inefficient pursuit of claims, numerous adjournments, and groundless allegations of misconduct.
The applicant's plea of impecuniosity was rejected due to a lack of supporting evidence.
The court awarded substantial indemnity costs of $155,000 to the respondents, to be offset against future distributions to the applicant from the estate.
