The moving party sought to set aside or vary an ex parte order that required her to file an application for a certificate of appointment of estate trustee or be deemed to have renounced.
The court found that the responding party failed to make full and fair disclosure of material facts on the ex parte motion, specifically omitting that the moving party's counsel had responded and sought production of the drafting lawyer's file.
The ex parte order was set aside under Rule 39.01(6).
However, the court declined to grant the moving party's requested variation to compel production of the file, finding it overly broad for a motion to vary.
Costs of $2,000 were awarded to the moving party.
