Zivojin v Babic (No 2)

In the matter of Zivojin v Babic (No 2), the Supreme Court of Victoria was tasked with resolving disputes over the validity of wills and associated costs. The plaintiffs sought to revoke the grant of probate of an earlier will of a deceased person and to obtain probate for an alleged later will. The defendants opposed these actions, with the second defendant, the widow of the deceased and the primary beneficiary under the earlier will, being added to the proceedings despite the plaintiffs' objections. The court was required to determine whether it was reasonable for the plaintiffs to have initiated the proceedings and to decide on the costs incurred.

The court analysed the reasonableness of the plaintiffs' actions in initiating the proceedings and their decision to add the second defendant, the widow, despite opposition. It examined the procedural fairness and the implications of the plaintiffs' actions on the estate and the defendants. The court found that the plaintiffs' actions were not reasonable and that adding the widow as a defendant was procedurally unfair. Consequently, the plaintiffs were ordered to pay costs, with the second defendant also ordered to pay costs from the estate.

The court's decision underscored the importance of procedural fairness and the need for parties to act reasonably in litigation. The plaintiffs' unreasonable actions and the procedural unfairness in adding the widow as a defendant led to the court ordering the plaintiffs to pay costs. The second defendant was also ordered to pay costs, but these were to be paid from the estate. The court's ruling highlighted the court's discretion in managing costs in probate matters and the consequences of procedural missteps in litigation.