[Probate and Administration Act s.42 – appeal from dismissal of application to appoint an administrator – necessity and expediency of such an appointment – relevance of previous findings as to conduct of the parties- undertaking given by Respondent not to dissipate assets- whether grounds for challenge to judge’s decision – Appeal dismissed with indemnity costs – stay on further action in Probate proceedings until costs paid.]

 

Judgment date: 25 June 2026