Order 23 - Summary stay or dismissal of claim and striking out pleading Flashcards
23.01 Stay or judgment in proceeding (SFV; abuse)
(1) Where a proceeding generally or any claim in a proceeding is:
● (a) Scandalous, frivolous or vexatious; or
● (b) Is an abuse of process of the court —
Court may stay the proceeding generally or in relation to any claim or give judgment in proceeding generally or in relation to any claim
(2) Where the D to any claim in a proceeding is SFV, Court may give judgment in proceeding generally or in relation to any claim.
(3) (a) claim in proceeding includes claim by CC and claim by TPN
(b) a D includes a D to a CC and a D to a claim by TPN
23.02 striking out a pleading (disclose; SFV; prejudice; AOP)
When an indorsement of claim on a writ or OM or a pleading or any part of an indorsement on a claim or pleading —
● (a) Does not disclose a cause of action or defence;
● (b) Is scandalous, frivolous or vexatious; or
● (c) May prejudice, embarrass or delay the fair trial of the proceeding; or
● (d) Is otherwise an abuse of process of the court —
The court may order that the whole or part of the indorsement or pleading be struck out or amended
23.04 Affidavit evidence
(1) On app under r 23.01, evidence shall be admissible for any party by affidavit or if the court thinks fit, orally
(2) On app under r23.02, no evidence shall be admissible on the question whether an indorsement /pleading offends that rule.
(3) rr 22.07 or 22.21, as case requires, applies to (1) affidavit
23.05 Declaratory judgment
No proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether or not any consequential relief is sought or could be claimed.
