Manly v The Public Trustee of Queensland (No. 2)

The case before the court involved Manly, an applicant seeking relief under the Family Provision and Maintenance Act, against The Public Trustee of Queensland, the respondent. Manly's application was dismissed, and the court was required to decide the issue of costs, particularly in light of Manly's rejection of a Calderbank offer and the question of whether this conduct warranted the imposition of costs against him.

The court found that the applicant's conduct in rejecting the Calderbank offer was unreasonable, given the clear and unequivocal terms of the offer. The court also considered the lack of merit in Manly's application and the absence of any grounds for believing that the outcome might be different. The court held that Manly's conduct was unmeritorious, which justified the respondent's costs being assessed on an indemnity basis. Conversely, the costs incurred by the beneficiaries after the specified date were to be assessed on a standard basis.

In its judgment, the court ordered that the Public Trustee's costs be assessed on an indemnity basis and paid out of the estate. The court further ordered that the beneficiaries' costs incurred after 7 November 2007 be assessed on a standard basis and paid out of the estate. The court made no further orders as to costs, reflecting the specific circumstances of the case and the need to fairly apportion the financial burden of litigation.