Catchwords
High Court Practice – Leave to issue summons - Earlier direction by a Justice that Registrar refuse to issue summons without leave - Purposes of provisions in O 58 r 4(3) High Court Rules - Whether proposed summons clearly meritless or futile - Relevance of history of previous litigation and terms of relief sought - Applicable principles for grant of leave.
Practice and procedure – Frivolous and vexatious proceedings - High Court Practice - Direction of a Justice that Registrar should refuse to issue summons without leave of a Justice first had and obtained - Principles governing provision of such leave - Whether, if issued, relief claimed in summons meritless or futile
High Court Rules – O 58 r 4(3).