MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 17
MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 17
17 . Striking out, Court’s powers as to
(1) The Court may
strike out all or a part of a case statement if —
(a) any
claim in it is outside the Court’s jurisdiction; or
(b) it
does not disclose any reasonable grounds for any claim, or for any defence, in
it; or
(c) its
purpose is to harass or annoy, or to cause delay or detriment, or is otherwise
wrongful; or
(d) it
is an abuse of the Court’s process; or
(e) it
is frivolous, vexatious, scandalous or improper.
(2) If the Court
strikes out all of a case statement the Court may give judgment accordingly
without a trial.
(3) The Court may set
aside a judgment given under subsection (2) and may do so on conditions as to
the payment of costs or as to other matters.