Comparison View

Formal Consolidation |  2007 RevEd
Vexatious litigants
74.—(1)  If, on an application made by the Attorney-General, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the High Court or in any subordinate court, and whether against the same person or against different persons, the High Court may, after hearing that person or giving him an opportunity of being heard, order that —
(a)no legal proceedings shall without the leave of the High Court be instituted by him in any court ; and
(b)any legal proceedings instituted by him in any court before the making of the order shall not be continued by him without such leave, and such leave shall not be given unless the High Court is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings.
(2)  If the person against whom an order is sought under subsection (1) is unable on account of poverty to retain an advocate and solicitor, the High Court shall assign one to him.
(3)  No appeal shall lie from an order under subsection (1) refusing leave for institution or continuance of legal proceedings.
(4)  A copy of any order under subsection (1) shall be published in the Gazette.
Informal Consolidation | Amended S 746/2018
Vexatious litigants
74.—(1)  If, on an application made by the Attorney-General, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground instituted vexatious legal proceedings in any court or subordinate court, whether against the same person or against different persons, the High Court may, after hearing that person or giving him an opportunity of being heard, order that —
(a)no legal proceedings shall without the leave of the High Court be instituted by him in any court or subordinate court; and
(b)any legal proceedings instituted by him in any court or subordinate court before the making of the order shall not be continued by him without such leave, and such leave shall not be given unless the High Court is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings.
[30/2010 wef 01/01/2011]
(2)  If the person against whom an order is sought under subsection (1) satisfies the High Court that he lacks the means to retain an advocate and solicitor, the High Court shall assign one to him.
[30/2010 wef 01/01/2011]
(2A)  A person against whom the High Court makes an order under subsection (1) may bring an appeal from the order to the Court of Appeal only with the leave of the High Court or the Court of Appeal.
[Act 46 of 2018 wef 01/01/2019]
(3)  No appeal shall lie from an order refusing leave under subsection (1) for institution or continuance of legal proceedings.
[Act 46 of 2018 wef 01/01/2019]
(4)  A copy of any order under subsection (1) shall be published in the Gazette.
(5)  In this section, “legal proceedings” includes any proceedings, process, action, application or appeal in any civil matter, quasi‑criminal matter or criminal matter.
[30/2010 wef 01/01/2011]
[Act 46 of 2018 wef 01/01/2019]