162
CurrentStriking out particulars
Chapter 6Pleadings
Part 3Particulars
162 Striking out particulars
(1)
This rule applies if a particular—
(a)
has a tendency to prejudice or delay the fair trial of the proceeding; or
(b)
is unnecessary or scandalous; or
(c)
is frivolous or vexatious; or
(d)
is otherwise an abuse of the process of the court.
(2)
The court, at any stage of the proceeding, may strike out the particular and order the costs of the application to be paid on the indemnity basis.
(3)
On the hearing of an application under subrule (2), the court is not limited to receiving evidence about the particular.
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