COSTS — WILLS, PROBATE AND ADMINISTRATION — exceptions in probate litigation to ordinary rule that costs follow the event — competing reasons of policy which affect how discretion to award costs should be exercised in probate litigation — deceased was the cause of litigation and so prima facie costs of unsuccessful defendants should come out of estate — adjustment necessary in relation to first and second defendants because they raised issues that do not fall within rationale for ordering unsuccessful parties' costs to be paid out of estate in probate litigation and because those issues were raised unreasonably — half of first and second defendants' costs to be paid out of estate
Case Details
Citation[2012] NSWSC 1562
CourtNSWSC
JurisdictionNew South Wales
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