In an estate proceeding commenced in 2003 with minimal progress, the moving respondents sought dismissal of the application and payment out of estate funds being held in court.
The court found the application was not being seriously pursued and had become an abuse of process, particularly in light of repeated adjournments and the control of the litigation by a person previously declared a vexatious litigant.
Given the age of the beneficiaries and the urgency of distribution, the court was prepared to direct payment out of the full estate proceeds to the entitled beneficiaries.
The applicant was granted 90 days to seek leave to continue the proceeding, failing which it could be dismissed by ex parte motion in writing.
