Stay or judgment in proceeding
23.01 Stay or judgment in proceeding
(1) Where a proceeding generally or a claim in a proceeding:
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the Court;
the Court may stay the proceeding generally or in relation to a claim or give judgment in the proceeding generally or in relation to a claim.
(2) Where the defence to a claim in a proceeding:
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the Court;
the Court may give judgment in the proceeding generally or in relation to the claim.
(3) In this Rule a claim in a proceeding includes a claim by counterclaim and a claim by third party notice and a defence includes a defence to a counterclaim and a defence to a claim by third party notice.
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