In the will of

In the matter of the estate of the deceased, [Name], a dispute arose concerning the costs awarded in the will. The case was heard in the Supreme Court of [State], where the applicants sought to amend the costs order to reflect the correct terms as decided in court. The primary issue before the court was whether the costs order, as communicated in chambers, could be amended to accurately reflect the order made in court, and if so, whether the costs of this application should be awarded.

The court was required to consider the nature and purpose of the costs order, the procedure followed in making the order, and the fairness of awarding costs for the application to amend the order. It was noted that the initial order made in court had been correctly recorded but that the amended draft communicated in chambers did not reflect this. The applicants argued that the amended draft should be corrected to accurately represent the court’s decision, while the respondents contended that the amendment would be an improper alteration of the original order.

The court found that the amended draft order did not correctly reflect the terms of the order made in court. It acknowledged the importance of ensuring that court orders are accurately documented and communicated. However, the court also recognised the need to balance the interests of the parties and the potential for protracted litigation over minor discrepancies. Ultimately, the court decided that the order should be amended to accurately reflect the terms as decided in court, but declined to award the costs of the application to amend the order. This decision was based on the consideration that the amendment was necessary to correct a clear error and that awarding costs would not be just in the circumstances.