Restriction of vexatious proceedings
4 Restriction of vexatious proceedings
If a Court is satisfied that —
a person has instituted or conducted vexatious proceedings (whether before or after the commencement of this Act); or
it is likely that the person will institute or conduct vexatious proceedings,
the Court may make either or both of the following orders —
an order staying any proceedings, either as to the whole or part of the proceedings, that have been instituted by that person;
an order prohibiting that person from instituting proceedings, or proceedings of a particular class, without the leave of a court or tribunal, as the case requires under section 6(1).
An order under subsection (1) may be made by the Court on its own motion or on the application of —
the Attorney General; or
the Principal Registrar of the Supreme Court or the Principal Registrar of the District Court; or
with the leave of the Court —
a person against whom another person has instituted or conducted vexatious proceedings; or
a person who has a sufficient interest in the matter.
The Court must not make an order under subsection (1) —
staying any proceedings that have been instituted by a person, either as to the whole or part of the proceedings; or
prohibiting a person from instituting proceedings, or proceedings of a particular class,
without hearing that person or giving that person an opportunity of being heard.
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