1Where estate litigation begins as an application for judicial advice but becomes substantially adversarial, with rival potential beneficiaries advancing their own interests, the court may make costs orders between the parties rather than out of the estate, except for the executor's costs.
2A respondent beneficiary whose position is already adequately advanced by the executor may be denied costs against the unsuccessful contradictor, and limited to standard-basis costs from the estate, where it incurred extensive duplicative costs by its own choice. On the facts, this outweighed the losing party's rejection of [name withheld] offers more favourable to it than the outcome.
3A losing party's status as a charity, its limited means, and the public-interest character of the litigation do not ordinarily justify withholding an adverse costs order. Costs are not a punishment, and the court may fix a lump sum to avoid the expense of assessment. The costs of an oral costs hearing requested by one party ordinarily form part of the costs of the proceeding and are not severed.
