Estate Liam Rowan Dillon (No 2)

In the matter of Estate Liam Rowan Dillon, the deceased, the applicant, a close relative, sought Letters of Administration on intestacy from the court, while the respondent, another relative, lodged a caveat against the grant of Letters of Administration and counter-applied for the same. The case was heard in the Queensland District Court, where the primary issue revolved around the allocation of costs between the parties, particularly concerning indemnity costs and whether they should be paid by the respondent or the estate.

The court was required to decide whether the costs incurred by the applicant in the proceedings should be borne by the respondent on a standard basis or whether they should be paid out of the estate on an indemnity basis. Additionally, the court had to determine the appropriateness of the respondent's request for both parties' costs to be paid by the estate on an indemnity basis.

The court granted the applicant Letters of Administration on intestacy, set aside the respondent's caveat, and dismissed the respondent's application without any order as to costs. The court ruled that the respondent should pay the applicant's costs of the application filed on 7 September 2022 on the standard basis. Furthermore, the court decided that the applicant's costs of both the proceedings should be paid out of the estate on an indemnity basis to the extent they are not met by the respondent. This decision was based on the consideration of the respondent's unsuccessful application and the overall fairness of the cost distribution between the parties.