Following the dismissal of appeals and motions for leave to appeal regarding the appointment of a trustee for an inter vivos trust, the successful parties sought their costs.
The Court of Appeal determined that the normal loser-pays regime applied to the appeals, rather than costs being paid out of the estate, as the uncertainty regarding the trust's administration had been resolved by the application judge.
The court awarded partial indemnity costs to the successful beneficiaries and full indemnity costs to the trustee, payable jointly and severally by the appellants.
