Stay or judgment in proceeding
23.01 Stay or judgment in proceeding
If a proceeding generally or any claim in a proceeding—
is scandalous, frivolous or vexatious; or
is an abuse of the process of the Court—
the Court may upon the application of a defendant who has filed a defence stay the proceeding generally or in relation to any claim or give judgment for the defendant in the proceeding generally or in relation to any claim.
If the defence to any claim in a proceeding is scandalous, frivolous or vexatious, the Court may give judgment for the plaintiff in the proceeding generally or in relation to any claim.
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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