Following the dismissal of the applicant's estate application, the successful respondent sought full indemnity costs of $79,439.23.
The applicant argued no costs should be payable or they should be paid by the Estate.
The court awarded the respondent costs on a substantial indemnity scale due to the applicant's unfounded allegations of fraud, formal offers to settle, and an improper late motion to admit expert evidence.
Costs were fixed at $60,000 payable by the applicant personally to the Estate.