F Mekler v D Mekler

F Mekler sought a declaration that a trust deed executed by the parties was invalid and sought a transfer of property from D Mekler. D Mekler opposed the application and applied for indemnity costs for the costs of two motions. The court had to determine whether F Mekler had acted unreasonably in bringing the proceedings and whether D Mekler was almost certain to have succeeded if the motions had been fully determined.

The court held that F Mekler had acted unreasonably in bringing the proceedings as the trust deed was binding and valid, and there was no basis for F Mekler’s claims. The court also found that D Mekler was almost certain to have succeeded if the motions had been fully determined, as the trust deed was valid and binding. The court awarded indemnity costs to D Mekler for the costs of the two motions.

The court held that F Mekler’s claims were baseless and that D Mekler was almost certain to have succeeded if the motions had been fully determined. The court awarded indemnity costs to D Mekler for the costs of the two motions. The court did not make any orders for the transfer of property or the declaration of invalidity of the trust deed.