Abuse of Process

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7 documents
Title
Date
Ex parte permission for judicial review discharged for abuse of process and suppression of prior related proceedings.
Administrative law — Judicial review — Ex parte permission — Duty of frank and full disclosure — Suppression of prior related proceedings — Abuse of court process via multiplicity of actions — Discharge of permission and interlocutory injunction — Discretionary extension of time (functus officio).
Judgment 31 January 2025
The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
Judgment 31 January 2025
Registrar rejects application for review due to improper signature, procedural non-compliance, and wrong forum for admissions.
Civil procedure — rejection of documents; signature by named legal practitioner required; notice of change of legal practitioner (Order 33); sworn statement formalities (Order 18); jurisdiction for admissions — Chief Justice; abuse of court process; Rules Orders 5, 18, 25.
Judgment 22 January 2025
Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
Judgment 27 October 2024
Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
Judgment 12 August 2024
Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
Civil procedure – setting aside consent orders – necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
Judgment 17 July 2024
Judgment 27 October 2016