The prima facie rule that it is vexatious and oppressive to commence duplicative proceedings applies where both proceedings are in the same court, not only where they are in different courts. However, a caveatee who commences separate proceedings by originating motion to remove a caveat under s 143 of the Land Title Act (NT) is not acting vexatiously merely because the caveator has already commenced specific performance proceedings, where the statutory procedure requires commencement by originating motion and the proceedings are not seriously and unfairly burdensome.
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