Mathieson v Burton

For the reasons I have given I hold that on the facts stated the respondent, until representation of the estate of her father is granted, has the right given by s. 83A (1) of the Act to continue in possession of the premises and that the appellant may only recover possession of the premises from her by proceedings in a court of competent jurisdiction taken in accordance with the Act and cannot successfully bring an action of ejectment in the Supreme Court. It follows that the application was rightly dismissed.