SCR o 23 - Summary stay, dismissal of claim, striking out of pleading

Question 1

23.01 Stay or judgment in proceeding

Answer 1

Where a proceeding generally or any claim in a proceeding—

• is scandalous, frivolous or vexatious; or
• is an abuse of process—

the Court may STAY the proceeding generally or in relation to any claim OR GIVE JUDGMENT in the proceeding generally or in relation to any claim.

Where the DEFENCE to any claim in a proceeding is scandalous, frivolous or vexatious, the Court may GIVE JUDGMENT in the proceeding generally or in relation to any claim.

Question 2

23.02 Striking out pleading

Answer 2

Where an indorsement of claim on a writ or originating motion or a pleading or any part of an indorsement of claim or pleading—

• does not disclose a cause of action or defence;
• is scandalous, frivolous or vexatious;
• may prejudice, embarrass or delay the fair trial of the proceeding; or
• is otherwise an abuse of the process of the Court—

the Court may order that the whole or part of the indorsement or pleading be STRUCK OUT OR AMENDED.

NB: The striking out rule applies where a party wishes to object to the SUFFICIENCY of an indorsement of claim or pleading, as distinct from the VALIDITY of that claim or defence

Question 3

23.04 Affidavit evidence

Answer 3

On an application for SUMMARY STAY, EVIDENCE shall be admissible for any party by AFFIDAVIT or, if the Court thinks fit, orally.

BUT on an application for STRIKING OUT of pleadings, NO EVIDENCE shall be admissible on the question whether an indorsement of claim or pleading offends against that Rule.