This was a proceeding reviewed by Associate Chief Justice Rooke as being an Apparently Vexatious Application or Proceeding (“AVAP”). Pursuant to Civil Practice Note No 7 (“CPN7”), Associate Chief Justice Rooke ordered that the Plaintiffs had 14 days to provide written submissions to the Court to “show cause” as to why the AVAP should not be struck pursuant to Rule 3.68. As the deadline for written submissions passed without a response from the Plaintiffs, Rooke ACJ concluded that the Plaintiffs did not rebut the prima facie conclusion that the Statement of Claim is a hopeless and abusive proceeding. Accordingly, the Court determined that the AVAP should be struck pursuant Rule 3.68.

Associate Chief Justice Rooke also ruled that the Plaintiffs’ approval of the Order granted was dispensed with pursuant to Rule 9.4(2)(c).