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Dismissing the plaintiffs' action; finding that the plaintiffs not be entitled to costs and that they should pay the costs of the application personally on an indemnity basis and not from the estate; the proceedings were instituted in circumstances where they should have known it was bound to fail: Douglas J.
Primary Judgment
[2007] QSC 94
21 Mar 2007
Granting leave to appeal cost order from substantive judgment to Court of Appeal; matters of general important in respect of the conduct of litigation: Douglas J.
Appeal Determined (QCA)
[2007] QCA 285
31 Aug 2007
Appeal allowed; it was not open to the primary judge to conclude that, at the time the action was commenced, the appellants knew or ought to have known that their action to prove the will was bound to fail; the appellants costs incurred before 30 June 2004 be paid out of the estate, otherwise appellant Edwards pay the respondents' costs incurred from 1 July 2004 on the indemnity basis: Jerrard and Keane JJA and Atkinson J.
Appeal Status
Appeal Determined (QCA)
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