Gray v Gray

This case concerned an appeal regarding costs orders made in proceedings involving beneficiaries under a testamentary trust. The appellant sought indemnity costs, while the first respondent sought interest on the costs order from the date of its pronouncement.

The primary legal issues before the court were whether the appellant was entitled to an order for indemnity costs, and whether the first respondent was entitled to an order for interest on the costs of the appeal to run from the date of pronouncement rather than the date of assessment.

The court declined to award indemnity costs, finding that the circumstances did not meet the recognised guidelines for such an order, particularly in a case involving beneficiaries. The court also considered the costs orders made at first instance, finding no sufficient reason to adjust them despite the partial success of the appeal. Regarding interest on costs, the court followed the reasoning of the trial judge and other appellate decisions, exercising its discretion to order that interest on the costs of the appeal should run from the date of pronouncement. This discretion was exercised due to the perceived risk that the appellant might delay the assessment of costs, thereby recompensing the first respondent for being out of pocket.