Does the merits of the case of the parties opposing the appointment of estate trustees as ETDL even exist?

There is only one case that either side was able to direct the court to in which the merits of the case of the parties opposing the appointment of estate trustees as ETDL is even discussed. In the unreported endorsement of Newbould J. in Gefen v. Gaertner (January 27, 2015), CV-13-486451, the plaintiff argued that it must be established that the moving parties (who were seeking to appoint a neutral ETDL) have a good arguable case. The court held that even if that were the test (which it did not say was so), there were sufficient grounds to appoint an ETDL. Justice Newbould noted that if the plaintiff felt there was no case at all, a motion for summary judgment could be brought. The motion to appoint an ETDL was not that motion.