QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.162Striking out particulars
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### sec.162 Striking out particulars
This rule applies if a particular—
has a tendency to prejudice or delay the fair trial of the proceeding; or
is unnecessary or scandalous; or
is frivolous or vexatious; or
is otherwise an abuse of the process of the court.
The court, at any stage of the proceeding, may strike out the particular and order the costs of the application to be paid on the indemnity basis.
On the hearing of an application under subrule (2) , the court is not limited to receiving evidence about the particular.
(sec.162-ssec.1) This rule applies if a particular— has a tendency to prejudice or delay the fair trial of the proceeding; or is unnecessary or scandalous; or is frivolous or vexatious; or is otherwise an abuse of the process of the court.
(sec.162-ssec.2) The court, at any stage of the proceeding, may strike out the particular and order the costs of the application to be paid on the indemnity basis.
(sec.162-ssec.3) On the hearing of an application under subrule (2) , the court is not limited to receiving evidence about the particular.
- (a) has a tendency to prejudice or delay the fair trial of the proceeding; or
- (b) is unnecessary or scandalous; or
- (c) is frivolous or vexatious; or
- (d) is otherwise an abuse of the process of the court.