A court may not order indemnity costs for the whole proceeding when the successful party only sought indemnity costs from a particular date, without first affording the unsuccessful party an opportunity to be heard on the wider order. An open offer made at the commencement of trial that does not foreshadow costs consequences if refused does not, without more, justify indemnity costs. Crisp orders (portable life interests) are not confined in principle to spousal applicants but their appropriateness depends on the circumstances, including the competing claims and the size of the estate.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.