6. After Order 68 of the principal Rules, insert —UNMERITORIOUS OR VEXATIOUS PROCEEDINGS |
Definitions of this Order (O. 69, r. 1) |
1. In this Order, unless the context otherwise requires —“Act” means the Supreme Court of Judicature Act 1969, and any reference to a section is, unless it is otherwise expressly provided, a reference to a section in the Act; |
“civil restraint order” means —(a) | a limited civil restraint order; | (b) | an extended civil restraint order; or | (c) | a general civil restraint order; |
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“Court” means the General Division, the Appellate Division or the Court of Appeal; |
“extended civil restraint order” means an extended civil restraint order made in accordance with section 73C; |
“general civil restraint order” means a general civil restraint order made in accordance with section 73D; |
“limited civil restraint order” means a limited civil restraint order made in accordance with section 73B. |
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Application for civil restraint order or order mentioned in section 73A(2), (3), (5) or (6) (O. 69, r. 2) |
2. An application for a civil restraint order, or for an order mentioned in section 73A(2), (3), (5) or (6), must be heard in open court. |
Form and service of civil restraint order (O. 69, r. 3) |
3.—(1) A limited civil restraint order, an extended civil restraint order and a general civil restraint order must be in Forms 99, 100 and 101, respectively.(2) A civil restraint order must be extracted by the person that applies for the order, and must be served on all other parties to the legal proceedings in respect of which the order was made. |
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Application for permission to commence action or make application, or for permission to apply to amend, vary or discharge civil restraint order (O. 69, r. 4) |
4.—(1) Where an extended civil restraint order or a general civil restraint order is in force against a party, an application by that party for permission to commence an action, and the supporting affidavit for that application, must be served —(a) | on every intended defendant to the action; and | (b) | if the civil restraint order was made on the application of the Attorney‑General — on the Attorney‑General. |
(2) Where any civil restraint order is in force against a party, an application by that party for permission to make an application, and the supporting affidavit for the application for such permission, must be served —(a) | on every intended respondent to the application; and | (b) | if the civil restraint order was made on the application of the Attorney‑General — on the Attorney‑General. |
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(3) An application for permission to apply to amend, vary or discharge any civil restraint order, and the supporting affidavit for that application, must be served on every party to the application pursuant to which that civil restraint order was made, except the person that applies for such permission. |
(4) A person served with an application for permission mentioned in paragraph (1), (2) or (3) may file and serve an affidavit in reply within 14 days after the date on which the application is served on the person. |
(5) The Court may give other directions for the service of an application for permission mentioned in paragraph (1), (2) or (3), and for the filing and service of affidavits in such an application. |
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Action commenced or application made without permission, etc. (O. 69, r. 5) |
5.—(1) Where a party against whom an extended civil restraint order or a general civil restraint order is in force, commences an action without the permission of the Court under section 73C(2)(a) or 73D(2)(a), as the case may be —(a) | any other party to the action, or to the application pursuant to which that civil restraint order was made, may inform the Registrar of this in writing; and | (b) | the Registrar may, on being informed of this under sub-paragraph (a), or on the Registrar’s own motion, record that the action is treated as struck out pursuant to section 73C(3) or 73D(3), as the case may be. |
(2) Where a party against whom any civil restraint order is in force, makes an application, or applies to amend, vary or discharge that civil restraint order, without the permission of the Court under section 73B(2)(a) or (b), 73C(2)(a) or (b) or 73D(2)(a) or (b), as the case may be —(a) | any other party to the application made without such permission, or to the application pursuant to which that civil restraint order was made, may inform the Registrar of this in writing; and | (b) | the Registrar may, on being informed of this under sub-paragraph (a), or on the Registrar’s own motion, record that the application is treated as dismissed pursuant to section 73B(3), 73C(3) or 73D(3), as the case may be. |
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(3) Where a party, against whom any order mentioned in section 73A(2), (3), (5) or (6) is in force, files any document in the legal proceedings in respect of which that order was made —(a) | any other party to those legal proceedings, or to the application pursuant to which that order was made, may apply for that document to be struck out; and | (b) | the Court may, on an application under sub‑paragraph (a), or on the Court’s own motion, strike out that document. |
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Definitions of this Order (O. 70, r. 1) |
1. In this Order, unless the context otherwise requires —“Act” means the Supreme Court of Judicature Act 1969, and any reference to a section is, unless it is otherwise expressly provided, a reference to a section in the Act; |
“application for permission” means an application, by a person against whom an order under section 74(1) is in force, for permission under section 74(1) to institute any legal proceedings, or to continue any legal proceedings instituted by that person before the making of that order. |
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Application for order under section 74(1) (O. 70, r. 2) |
2. An application for an order under section 74(1) must be heard in open court. |
Form and service of order under section 74(1) (O. 70, r. 3) |
3.—(1) An order under section 74(1) must be in Form 102.(2) An order under section 74(1) must be extracted by the person that applies for the order, and must be served on all other parties to the legal proceedings in respect of which the order was made. |
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Application for permission to institute or continue legal proceedings (O. 70, r. 4) |
4.—(1) Where an order under section 74(1) is in force against a person, an application by that person for permission under section 74(1) to institute any legal proceedings, or to continue any legal proceedings instituted by that person before the making of that order, and the supporting affidavit for that application, must be served —(a) | on the Attorney-General; and | (b) | on every other party to the legal proceedings to be instituted or continued. |
(2) A person served with an application for permission may file and serve an affidavit in reply within 14 days after the date on which the application is served on the person. |
(3) The Court may give other directions for the service of an application for permission, and for the filing and service of affidavits in such an application. |
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Institution or continuance of legal proceedings with permission (O. 70, r. 5) |
5. A person who is given permission under section 74(1) to institute or continue any legal proceedings must, within 14 days after the date of the order giving such permission or such other period as that order may specify —(a) | file that order, and the process or document by which the legal proceedings are to be instituted or continued; and | (b) | serve that order, and that process or document, on every other party to the legal proceedings to be instituted or continued. |
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Institution or continuance of legal proceedings without permission (O. 70, r. 6) |
6. Where a person against whom an order under section 74(1) is in force, institutes any legal proceedings, or continues any legal proceedings instituted by that person before the making of that order, without the permission of the General Division under section 74(1) —(a) | any other party to those legal proceedings, or to the application pursuant to which that order was made, may apply for those legal proceedings to be struck out; and | (b) | the Court may, on an application under sub‑paragraph (a), or on the Court’s own motion, strike out those legal proceedings.”. |
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