194GVexatious litigants

194G Vexatious litigants

[Section 194G Inserted by No. 65 of 1994, s. 3 ]

(1)  If, on an application under this section, the Court is satisfied that a person has persistently and without reasonable grounds instituted vexatious legal proceedings, whether in the Court or any inferior court and whether against the same person or against different persons, the Court, after hearing that person or giving him or her an opportunity of being heard, may, by order, declare that person to be a vexatious litigant.

(2)  Where an order declaring a person to be a vexatious litigant is in force under subsection (1) , no legal proceedings are, without the leave of the Court or a judge, to be instituted by him or her in the Court.

(3)  [Section 194G Subsection (3) amended by No. 7 of 2024, s. 19, Applied:30 Aug 2024] An application under subsection (1) may be made by the Attorney-General, the Solicitor-General, the Director of Public Prosecutions, the State Litigator, the Registrar or any person who, in the opinion of the Court or a judge, has a sufficient interest in the matter.

(4)  If proceedings are pending in the Court when an order is made under subsection (1) , those proceedings are taken to be stayed unless leave is given as mentioned in subsection (2) .

(5)  Where proceedings pending in the court are taken to be stayed and the person declared to be a vexatious litigant has not applied for, or has not been granted, leave to proceed in those proceedings, any other party to those proceedings may apply to a judge for an order for the costs incurred by that party in those proceedings.

(6)  The Registrar must, within 14 days after an order is made under subsection (1) , cause a copy of the order to be published in the Gazette.