The purpose of cost capping orders in contested wills cases

Cost capping orders “were designed to put into the Court’s hands a brake on intemperate and disproportionately expensive conduct of proceedings … the Court itself may exercise the power on its own motion whenever it sees the need. This is because the policy of the law, enshrined in Civil Procedure Act 2005 section 56(1) is to facilitate the just, quick and cheap resolution of the real issues in proceedings”: Palmer J in Sherborne Estate (No 2): Vanvalen & Anor v Neaves & Anor; Gilroy v Neaves & Anor [2005] NSWSC 1003 at 29.


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