Comparison View

Formal Consolidation |  Amended Act 46 of 2018
Measures for dealing with unmeritorious or vexatious proceedings
73A.—(1)  A court may, in respect of any legal proceedings in the court —
(a)make a limited civil restraint order in accordance with section 73B;
(b)make an extended civil restraint order in accordance with section 73C; or
(c)make a general civil restraint order in accordance with section 73D.
(2)  A court may, if satisfied that a party is conducting any legal proceedings in the court in a vexatious manner, order that those proceedings be stayed on such terms as the court considers appropriate.
(3)  A court may, if satisfied that the filing of further documents by a party in any legal proceedings in the court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings.
(4)  The High Court may, in respect of any legal proceedings in any subordinate court —
(a)make a limited civil restraint order in accordance with section 73B;
(b)make an extended civil restraint order in accordance with section 73C; or
(c)make a general civil restraint order in accordance with section 73D.
(5)  The High Court may, if satisfied that a party is conducting any legal proceedings in any subordinate court in a vexatious manner, order that those proceedings be stayed on such terms as the High Court considers appropriate.
(6)  The High Court may, if satisfied that the filing of further documents by a party in any legal proceedings in any subordinate court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings.
(7)  A court may, on the court’s own motion, or on the application of —
(a)the Attorney‑General; or
(b)any party in any legal proceedings in the court,
make an order mentioned in subsection (1)(a), (b) or (c), (2) or (3) against another party in those legal proceedings after giving the other party an opportunity to be heard.
(8)  The High Court may, on the application of —
(a)the Attorney‑General; or
(b)any party in any legal proceedings in a subordinate court,
make an order mentioned in subsection (4)(a), (b) or (c), (5) or (6) against another party in those legal proceedings after giving the other party an opportunity to be heard.
(9)  Subject to section 34(2A), a party against whom the High Court makes an order mentioned in subsection (1)(a), (b) or (c), (2), (3), (4)(a), (b) or (c), (5) or (6) may bring an appeal from the order to the Court of Appeal.
(10)  In this section and sections 73B and 73C, “legal proceedings” includes any proceedings, process, action, application or appeal in any civil matter or quasi‑criminal matter.
[Act 46 of 2018 wef 01/01/2019]
Informal Consolidation | Amended Act 4 of 2020
Measures for dealing with unmeritorious or vexatious proceedings
73A.—(1)  A court may, in respect of any legal proceedings in the court —
(a)make a limited civil restraint order in accordance with section 73B;
(b)make an extended civil restraint order in accordance with section 73C; or
(c)make a general civil restraint order in accordance with section 73D.
(2)  A court may, if satisfied that a party is conducting any legal proceedings in the court in a vexatious manner, order that those proceedings be stayed on such terms as the court considers appropriate.
(3)  A court may, if satisfied that the filing of further documents by a party in any legal proceedings in the court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings.
(4)  The High Court may, in respect of any legal proceedings in any subordinate court —
(a)make a limited civil restraint order in accordance with section 73B;
(b)make an extended civil restraint order in accordance with section 73C; or
(c)make a general civil restraint order in accordance with section 73D.
(5)  The High Court may, if satisfied that a party is conducting any legal proceedings in any subordinate court in a vexatious manner, order that those proceedings be stayed on such terms as the High Court considers appropriate.
(6)  The High Court may, if satisfied that the filing of further documents by a party in any legal proceedings in any subordinate court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings.
(7)  A court may, on the court’s own motion, or on the application of —
(a)the Attorney‑General; or
(b)any party in any legal proceedings in the court,
make an order mentioned in subsection (1)(a), (b) or (c), (2) or (3) against another party in those legal proceedings after giving the other party an opportunity to be heard.
(8)  The High Court may, on the application of —
(a)the Attorney‑General; or
(b)any party in any legal proceedings in a subordinate court,
make an order mentioned in subsection (4)(a), (b) or (c), (5) or (6) against another party in those legal proceedings after giving the other party an opportunity to be heard.
(9)  Subject to section 34(2A), a party against whom the High Court makes an order mentioned in subsection (1)(a), (b) or (c), (2), (3), (4)(a), (b) or (c), (5) or (6) may bring an appeal from the order to the Court of Appeal.
(10)  In this section and sections 73B and 73C, “legal proceedings” includes any proceedings, process, action, application or appeal in any civil matter or quasi‑criminal matter.
[Act 46 of 2018 wef 01/01/2019]