Caveats and costs

A person who files a caveat before making full enquiries has to make up his mind when he is doing so that he will pay the costs of the caveat if he is not in a position to carry it further when an application is made for an order absolute. That is a position which should be clearly understood by people that they are not lightly to put on a caveat to put parties to expense and delay without substantial grounds, and if they do without having probed the matter fully they must be prepared to pay any costs occasioned by that caveat should they be unable to carry it on beyond the order absolute … In the will of Elizabeth O’Driscoll (1929) 29 SR (NSW) 559 Harvey CJ at 561.


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