exposes the defendant to inconvenience, harassment and expense out of all proportion to any gain likely to accrue to the claimant, and, involve an abuse of the process by using the process of the court for a purpose or in a way which is significantly different from the ordinary and proper use of the court process. Not just about needing to apply to have the struck off company restored to the register, but possibly also lawsuits being brought by one director, on the company’s behalf, against the other directors. If the respondent is conducting it in that way, we may make final orders in favour of the applicant. (This will be considered as the company itself applying to strike itself off the register.). Appointing a Company Secretary: Roles and Responsibilities, Company Constitutions in Singapore and How to Draft One, Company Memorandum and Articles of Association, Minutes of Company Meeting in Singapore: How to Record, Guide to Filing Financial Statements for Singapore Business Owners. Courts take the view that if claim is bad in law, the sooner it ends, the better. An application to vary a without notice order was fundamentally different to an application for relief from sanctions and was not subject to either the Tibbles or Mitchell criteria. Delays such as these may have consequences, which are quite serious from a court’s perspective. The court’s power to strike out a statement of case is a draconian one. They allow the parties and the court to identify the issues in dispute and assist the judge in reaching an informed decision about the case. These cookies do not store any personal information.
If an application has been made against you, you can apply to have it either dismissed or struck out before the final hearing.
We only agree to dismiss or strike out a case for specific reasons. Click to share on Facebook (Opens in new window), Click to share on Google+ (Opens in new window), "PAPER MUST VANISH FROM THIS COURT": CANADIAN JUDGE ORDERS E-TRIAL TO PREVENT COURTS BECOMING MUSEUM PIECES, CAN MITCHELL BE UTILISED IF THERE ARE SEVERAL MINOR BREACHES? So that’s when a party brings legal proceedings for: Vexatious litigation includes litigation matters which: That’s because there is no end to the ways and methods in which a court’s process may be abused misused and abused.
a court may strike out a claim for want of prosecution: contumelious conduct on the part of the plaintiff e.g., disobedience to a peremptory order of the court or conduct amounting to an abuse of the process of the court.