3.68: Court options to deal with significant deficiencies
9.4: Signing judgments and orders

Case Summary

The Court in this case had previously determined that the Statement of Claim filed by the Plaintiff was an Apparently Vexatious Application or Proceeding because it had made bald, unsupported allegations that did not provide a basis for the Defendant or the Court to respond. The Plaintiff was given 14 days to file a written submission setting out how her Statement of Claim provided an adequate basis for the Defendant and the Court to make a meaningful response. The Plaintiff submitted written submissions as per the previous Court Order.

The Court considered the Plaintiff’s written submissions and found the Plaintiff had failed to show that her Statement of Claim was not hopeless, and struck the Statement of Claim under Rule 3.68. The Court was to prepare and serve an interim Order staying the Actions which did not require the Plaintiff’s endorsement pursuant to Rule 9.4.

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