1.2: Purpose and intention of these rules
6.11: Evidence at application hearings
10.29: General rule for payment of litigation costs
10.30: When costs award may be made
10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

This was an Application by an executor to pass the accounts of her father’s estate. The Application was supported by three of the executor’s siblings but vigorously opposed by her brother, who opposed her administration of the estate throughout her attempts to perform her duties as executor. Because there was contradictory Affidavit evidence, Acton J. exercised the authority granted in Rule 6.11(1)(g) to hear viva voce evidence. Justice Acton accepted the accounts in their entirety and held that no further accounting was required to be made to the estate; all other matters incidental to the administration of the estate were disposed of. Finally, Acton J. considered the executor’s request for Costs. Justice Acton commented that the brother’s conduct throughout the legal proceedings was improper. He used the legal proceedings to punish his sister for the perceived wrongs done to him after both his brother and father died. As a result, Acton J. awarded Costs on a solicitor and own client full indemnity basis, as against the brother personally.

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