VEXATIOUS PROCEEDINGS RESTRICTION ACT 2002 - SECT 6

VEXATIOUS PROCEEDINGS RESTRICTION ACT 2002 - SECT 6

6 .         Leave to institute proceedings

        (1)         An application for leave to institute proceedings, or proceedings of a particular class (in this section called the proceedings ), that is required by an order under section 4(1)(d) is to be made —

            (a)         in the case of proceedings in the Supreme Court, to the Supreme Court or a judge; or

            (b)         in the case of proceedings in the District Court, to the District Court or a District Court judge; or

            (c)         in the case of proceedings before any other court, to the court; or

        [(d)         deleted]

            (e)         in the case of proceedings before a tribunal, to the tribunal,

                and is to be accompanied by an affidavit in support of the application.

        (2)         The court or tribunal to which the application for leave is made may dismiss the application even if the applicant does not appear at a hearing of the application.

        (3)         The affidavit accompanying the application for leave is to list all the occasions on which the applicant has made an application for leave under subsection (1) and to disclose all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.

        (4)         Neither the application nor the affidavit are to be served on any other person unless the court or tribunal orders under subsection (6) that they are to be served on another person.

        (5)         The court or tribunal is to dismiss the application for leave if it considers that —

            (a)         the affidavit does not disclose everything required by subsection (3) to be disclosed; or

            (b)         the proceedings are vexatious proceedings; or

            (c)         there is no prima facie ground for the proceedings.

        (6)         Before the court or tribunal grants an application for leave it is to —

            (a)         order that a copy of the application and accompanying affidavit be served on —

                  (i)         the person against whom the proceedings are to be instituted; and

                  (ii)         any person who made an application under section 4(2)(c) in relation to the applicant; and

                  (iii)         the Attorney General;

                and

            (b)         give those persons an opportunity to oppose the application for leave.

        (7)         Leave is not to be granted unless the court or tribunal is satisfied that —

            (a)         the proceedings are not vexatious proceedings; and

            (b)         there is a prima facie ground for the proceedings.

        (8)         The applicant and the persons referred to in subsection (6)(a) are to be given an opportunity to be heard at the hearing of the application for leave.

        (9)         At the hearing of the application for leave, the court or tribunal may receive as evidence any record of evidence given or affidavit filed in connection with an application for leave mentioned in subsection (3).

        (10)         The court or tribunal may dispose of the application for leave by —

            (a)         dismissing the application; or

            (b)         granting leave to institute the proceedings, subject to such conditions as the court or tribunal thinks fit.

        [Section 6 amended: No. 59 of 2004 s. 141.]