Stay or judgment in proceedings
28.01 Stay or judgment in proceedings
Where a proceeding generally or a claim in proceedings:
does not disclose a cause of action;
is scandalous, frivolous or vexatious; or
is an abuse of the process of the Court,
the Court may stay the proceedings generally or in relation to a claim or give judgment in the proceedings generally or in relation to a claim.
Where a defence to a claim in proceedings:
does not disclose an answer;
is scandalous, frivolous or vexatious; or
is an abuse of the process of the Court,
the Court may give judgment in the proceedings generally or in relation to the claim.
In this rule:
(a) a claim in proceedings includes a counterclaim and a claim by third party notice; and
(b) a defence includes a defence to a counterclaim and a defence to a claim by third party notice.
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