The Court exercised its discretion to depart from the usual indemnity costs order under Rule 26.08 despite the plaintiff having beaten her offer of compromise. On the facts, the Court found it was not unreasonable for the defendant executor to reject the plaintiff's percentage-based offer given the uncertainty as to estate value, the defendant's limited knowledge of the plaintiff's circumstances at the time of the offer, and the difference in form between the offer (percentage of estate) and the ultimate award (fixed sum). The Court also considered that indemnity costs would fall solely on the defendant's residuary share and ordered standard basis costs instead, including costs of the application.
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