1In probate litigation, where suspicious circumstances reasonably calling for investigation of a will were generated or contributed to by the plaintiff's own conduct, that does not warrant departure from the usual rule that costs follow the event.
2A plaintiff who rejects a valid offer of compromise under UCPR r 20.26 and obtains a less favourable result bears the onus of justifying departure from the presumptive indemnity costs order under r 42.15(2); a hypothetical rectification claim under Succession Act 2006 (NSW) s 27 that was never actually brought does not discharge that onus.
