38Power of Court to stay or dismiss applications in certain circumstances

### 38 Power of Court to stay or dismiss applications in certain circumstances > > (1)  The Court may stay or dismiss an application under [section 17](#GS17@EN) , [18](#GS18@EN) or [19](#GS19@EN) or a claim for relief in such an application if the Court considers that – > > > > > > (a) it would be inappropriate – > > > > > > > > > > (i) for proceedings relating to the application or claim to be continued; or > > > > > > > > > > > (ii) to grant the application or claim; or > > > > > > > (b) no reasonable basis for the application or claim is disclosed; or > > > > > > > (c) the application or claim is frivolous or vexatious; or > > > > > > > (d) the application or claim is an abuse of the process of the Court. > > > (2)  A power of the Court under this section – > > > > > > (a) must be exercised by order; and > > > > > > > (b) may be exercised at any time in the relevant proceeding but, in the case of a power to dismiss an application, the Court must try to ensure that any exercise of the power occurs at the earliest appropriate time. > > > (3)  The Court may make an order under this section – > > > > > > (a) of its own motion; or > > > > > > > (b) on an application by a party to the proceeding. > > > (4)  The Court may receive evidence on the hearing of an application for an order under this section. > > > (5)  An appeal may be brought from an order under this section only with the leave of the Court. > > > (6)  An appeal from an order of the Court under this Part is to be to the Full Court of the Supreme Court.