In family provision litigation under the Inheritance (Family Provision) Act 1972 (SA), the court's discretion to relieve an unsuccessful applicant from costs or to award costs in favour of an unsuccessful applicant does not depend on the court being satisfied as to the merits of the applicant's claim. Where a family provision claim fails at a jurisdictional threshold without the merits being assessed, the policy of not discouraging meritorious claims provides a sufficient basis for declining to order the unsuccessful applicant to pay the successful party's costs.
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