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In forceAmended2020 Revised Edition

Part 7 · Miscellaneous Provisions

74. Vexatious litigants

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Amended

Last amended by an amending law of 2021. 4 amendments in all.

(1)

If, on an application made by the Attorney‑General, the General Division 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 General Division may, after hearing that person or giving him or her an opportunity of being heard, order that —

(a)

no legal proceedings may without the permission of the General Division be instituted by that person in any court or subordinate court; and

(b)

any legal proceedings instituted by that person in any court or subordinate court before the making of the order must not be continued by him or her without such permission, and such permission must not be given unless the General Division 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) satisfies the General Division that he or she lacks the means to retain an advocate and solicitor, the General Division is to assign one to the person.

(2A)

A person against whom the General Division makes an order under subsection (1) may bring an appeal against the order only with the permission of the court to which the appeal is to be made under section 29C.

(3)

No appeal lies from an order refusing permission under subsection (1) for institution or continuance of legal proceedings.

(4)

A copy of any order under subsection (1) must 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.

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