A judge who decides a costs application on a basis not raised by any party or by the judge during argument denies procedural fairness, and the error is vitiating where there is a possibility of a different outcome. A trustee's failure to seek judicial advice before contesting a removal application is a relevant but not decisive consideration in determining whether costs were properly incurred; the weight of that failure depends on the circumstances, including whether breach of trust is alleged and whether the trustee acted on legal advice.
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