The Defendants applied to strike the Statement of Claim pursuant to Rule 3.68 or alternatively, to summarily dismiss the Statement of Claim pursuant to Rule 7.3.

The Master granted Summary Judgment as the Plaintiff had failed to establish that the common law test for malicious prosecution had been met. Specifically, given that the Plaintiff had sworn an Affidavit containing information that he had served in Afghanistan when in fact he had not, the Plaintiff failed to establish a lack of reasonable and probable grounds for the commencement of perjury proceedings against him. Accordingly, the Plaintiff’s Statement of Claim was demonstratively “without merit” pursuant to Rule 7.3.