Summary dismissal and other orders
28.01 Summary dismissal and other orders
28.01.1 If a plaintiff or applicant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted a proceeding with due diligence, the Court or a Justice may:
order that the proceeding be dismissed for want of prosecution; or
fix a time for the doing of an act and, at the same time, order that upon non‑compliance the proceeding shall stand dismissed for want of prosecution or, subsequently and in the event of non‑compliance, order that it be so dismissed; or
make any other order as may seem just, including as to the costs of the proceeding.
28.01.2 If a proceeding generally, or any claim in a proceeding:
does not disclose a cause of action; or
is scandalous, frivolous or vexatious; or
is an abuse of the process of the Court; or
has no reasonable prospect of success;
the Court or a Justice may stay the proceeding or a claim made in the proceeding or may give judgment in the proceeding or in relation to a claim made in the proceeding.
28.01.3 The Court or a Justice may make an order under rule 28.01.1 or 28.01.2:
on application by a defendant or respondent on notice; or
of the Court’s or the Justice’s own motion after notice has been given by the Registrar to each plaintiff or applicant.
[End of Chapter 2. Chapter 3 commences with Part 30.]
This Act’s bill:Explanatory statement
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