The plaintiff brought an uncontested motion for costs following successful motions for a vesting order and a finding of contempt against the defendant estate trustee.
The defendant had failed to comply with a previous court order to transfer property to the plaintiff, who was acting as litigation guardian for two minor beneficiaries.
The court found exceptional circumstances justifying a departure from standard estate costs rules due to the defendant's contemptuous conduct and the plaintiff's vulnerability.
Costs were awarded to the plaintiff on a substantial indemnity basis in the amount of $16,920.20.
