whether the proceeding is frivolous, vexatious or an abuse of process
where subject matter of the proceeding has been litigated and decided in other proceedings
Quick Take
1The court's power to prevent abuse of process by relitigation is not limited to cases satisfying the technical requirements of res judicata, issue estoppel or Anshun estoppel; proceedings may be stayed or dismissed where their continuance would be unjustifiably vexatious and oppressive because the case has already been disposed of by earlier proceedings.
2The principle of finality applies irrespective of whether the earlier decisions were correctly decided; it is not the role of a court hearing a summary dismissal application to determine whether prior adverse decisions in other courts contained error.
3A constitutional dimension to a claim does not immunise a proceeding from summary dismissal for abuse of process where the constitutional issue could and should have been raised in prior proceedings on the same subject matter.
