The Court dismissed the plaintiff's probate proceedings under Civil Procedure Act 2005 s 61(3) and UCPR r 12.7 for persistent failure to comply with court orders and directions, finding that the plaintiff — a retired solicitor with net assets of approximately $6.28 million — had no acceptable excuse for repeated defaults including late payments, failure to engage replacement solicitors promptly after her solicitor's incapacity, failure to access subpoenaed materials, and failure to file expert evidence. The Court held that the plaintiff's earlier claim of impecuniosity to justify defaults was false, which undermined the basis on which prior indulgences had been granted, and ordered indemnity costs on the motion due to the egregious nature of the plaintiff's conduct in prolonging the proceedings.
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