JUSTICES ACT 1902 - SECT 138 When prohibited action brought, proceedings may be set aside

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 138

138 When prohibited action brought, proceedings may be set aside

(1) Where an action is brought against a Justice in respect of any matter in respect of which it is by this Act enacted that no action shall be brought, the Court in which such action is brought may, upon the application of the defendant, set aside the proceedings in such action, with or without costs.

(2) Where proceedings in the Supreme Court have been commenced under section 112 in respect of any conviction or order of any Justice or Justices and, before or after the commencement of those proceedings, an action is brought in any Court against that Justice or those Justices or any of them, as the case may be, in respect of any proceedings taken under, or matter arising out of, that conviction or order, the Supreme Court may by order stay proceedings in the action pending determination of the proceedings under section 112.

(3) Subsection (2) does not restrict the exercise by any Court of any other power of that Court to stay any action brought in that Court.