VEXATIOUS PROCEEDINGS RESTRICTION ACT 2002 - SECT 4
VEXATIOUS PROCEEDINGS RESTRICTION ACT 2002 - SECT 4
4 . Restriction of vexatious proceedings
(1) If a Court is
satisfied that —
(a) a
person has instituted or conducted vexatious proceedings (whether before or
after the commencement of this Act); or
(b) it
is likely that the person will institute or conduct vexatious proceedings,
the Court may make
either or both of the following orders —
(c) an
order staying any proceedings, either as to the whole or part of the
proceedings, that have been instituted by that person;
(d) an
order prohibiting that person from instituting proceedings, or proceedings of
a particular class, without the leave of a court or tribunal, as the case
requires under section 6(1).
(2) An order under
subsection (1) may be made by the Court on its own motion or on the
application of —
(a) the
Attorney General; or
(b) the
Principal Registrar of the Supreme Court or the Principal Registrar of the
District Court; or
(c) with
the leave of the Court —
(i)
a person against whom another person has instituted or
conducted vexatious proceedings; or
(ii)
a person who has a sufficient interest in the matter.
(3) The Court must not
make an order under subsection (1) —
(a)
staying any proceedings that have been instituted by a person, either as to
the whole or part of the proceedings; or
(b)
prohibiting a person from instituting proceedings, or proceedings of a
particular class,
without hearing that
person or giving that person an opportunity of being heard.