Paul Johnson

The moving party was successful on a motion to compel the estate trustee to pass accounts and sought costs on a substantial or partial indemnity basis.

The estate trustee argued that costs should be deferred or reduced due to unresolved issues in the main application, including whether there would be sufficient residue to pay legacies.

The court found that while the moving party was entitled to costs, the determination of the scale, amount, and who should pay (the estate or the trustee personally) was best deferred to the judge hearing the main application.

The moving party, a beneficiary under her late mother's will, brought a motion for an order requiring the estate trustee to particularize estate assets and pass his accounts.

The estate trustee opposed the motion, arguing the request was overbroad and akin to a fishing expedition, and noted an ongoing dispute over a joint account held by the moving party and the deceased.

The court granted the motion, finding the moving party had a prima facie financial interest in the estate and the estate trustee had failed to provide a clear response regarding the estate's assets.

The court held the request was reasonable given that specific bequests had not been paid and the estate trustee asserted there might be insufficient assets.