Dowling v Blyth

This matter concerned an application for special leave to appeal to the High Court of Australia from a decision of the Supreme Court of Tasmania. The original suit was brought by Caroline Annie Blyth and her children against the trustees of the estate of Robert De Little, deceased. The plaintiffs alleged various breaches of trust by the trustees and sought remedies including repayment of lost funds and removal of the trustees.

The Full Court of the Supreme Court of Tasmania dismissed the majority of the plaintiffs' claims. However, it directed an inquiry into a specific breach concerning the application of the tenant for life's income to restore capital. The Supreme Court ordered the defendant trustees to pay the costs specifically related to this successful claim by the tenant for life, while the trustees' costs for the rest of the dismissed suit were to be paid out of the plaintiffs' funds.

The High Court, in refusing special leave to appeal, noted that the costs the trustees were ordered to pay were minimal. The Court implicitly found no arguable error of law or fact that warranted a full appeal, particularly given the limited scope of the successful claim and the modest cost order against the trustees.