A court has a clear discretion whether or not to stay proceedings that may be tainted by maintenance or champerty, and is under no duty to do so. The question whether proceedings constitute an abuse of process depends on all material circumstances, of which maintenance or champerty may be only one factor. A finding that a litigation funding agreement is champertous does not automatically render the funded proceedings an abuse of process. A case management judge who declines to permit cross-examination on a stay application must still allow the applicant the opportunity to argue the application on the affidavit material.
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