22 Jun 2011
REECE V REECE & ANOR HC AK CIV-2010-404-8071
- Citation
- openlaw-9ad17003_35df_4df5_b9e3_1b6c5d5ef8d1.pdf
- Court
- High Court
The application under s 19 is dismissed because there was no legal obligation on James to apply for probate, the unexplained share transfer has been resolved by affidavit, and the likely financial benefit from pursuing liquidators' payments is small relative to the cost and delay of reinstating companies and litigating; accordingly the court will not exercise its discretion to replace the executor.