Windshuttle v. Wild & Anor

The case of Windshuttle v. Wild & Anor involved a dispute concerning the costs of litigation. The plaintiff, Windshuttle, sought costs from the defendants, Wild and another party. The legal battle originated from the actions of a deceased testator, where the personal representative continued the action defended by the deceased. The central issue before the court was whether the personal representative was liable for the costs of the action in their capacity as a representative or if they were personally liable.

The court examined the general rule that costs follow the event and considered the circumstances under which costs could be paid out of a fund. The court needed to determine if the litigation was caused by the testator, the executor, or a beneficiary. In this case, the personal representative continued the action that had been defended by the deceased testator. The court had to decide if the personal representative was liable for costs in their official capacity or if they were personally liable.

The court ruled that the personal representative was liable for the costs in their capacity as such, and not personally. Consequently, the court ordered the defendant to pay the plaintiff's costs of the action, including any reserved costs to be assessed on the standard basis. This decision clarified the circumstances under which personal representatives could be held liable for litigation costs and reinforced the principle that costs follow the event in such cases.