CIVIL PROCEDURE — summary disposal — dismissal of proceedings — no reasonable cause of action disclosed — no question of principle
Quick Take
1A claim that identifies no pleaded head of damage and no articulated basis of liability personal to the plaintiff discloses no reasonable cause of action and is liable to summary dismissal under r 13.4(1)(b) UCPR, even where the court exercises the power with great care and caution.
2Where a notice of discontinuance is filed purportedly on behalf of a self-represented party who may not have executed it, the court may set aside the notice as against that party but must still assess whether the remaining claim is viable on its own terms.
