The Court held that where an application to remove executors is adversarial in character, costs should not be paid from the estate but should follow the event as between the opposing factions. The successful applicant and supporting respondent obtained standard basis costs against the executors who opposed removal, while the applicant and supporting respondent were ordered to pay the costs of a joined corporate respondent whose proposed restraints on the administrator were accepted. The Court declined to order indemnity costs from the estate for any party, holding that the gap between standard and indemnity costs should be borne by each successful party, reflecting that no party was entirely successful on all aspects.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.