Shukla v MIAC

Shukla brought a claim against MIAC in relation to certain conduct by MIAC in the administration of a trust. The matter came before the court on an application for summary dismissal of the claim. The court was required to consider whether the claim was an abuse of process or otherwise legally untenable. The court found that the claim was not frivolous or vexatious and therefore could not be dismissed on the basis of being an abuse of process. The court also found that the applicant had not provided sufficient evidence to establish that the claim was otherwise legally untenable. The court held that the application for summary dismissal was not well-founded and dismissed the application. The court ordered that the applicant pay the first respondent’s costs in the sum of $5,865.