abuse of process

A litigant is entitled to have its claim litigated provided that it is not frivolous, vexatious or an abuse of process. An abuse of process is an attempt to misuse the procedures made available by courts for an ulterior motive other than due legal process or otherwise in such a way that would be manifestly unfair to a party to the litigation. Courts exist as a final course for members of society to resolve disputes between them. Abuses are characterised by conduct which is manifestly unfair to a party to litigation or otherwise brings the administration of justice into disrepute. Courts maintain an inherent power to prevent abuses of process. Although a party to litigation may literally comply with the rules of court, does not prevent a party to the dispute being successful on a claim of such conduct.

In its widest sense, an abuse of process:

"extends to all categories of cases in which the processes and procedures of the court, which exist to administer justice with fairness and impartiality, may be converted into instruments of injustice or unfairness ... [P]roceedings before a court should be stayed as an abuse of process if, notwithstanding that the circumstances do not give rise to an estoppel, their continuance would be unjustifiably vexatious and oppressive for the reason that it is sought to litigate anew a case which had already been disposed of by earlier proceedings."

 Examples of abuses of process include:

1. Filing a claim after a limitation period;
2. Commencing legal proceedings without any intention to continue the proceedings
3. Where a statement of case is incapable of proof
4. Bring a later claim which is inconsistent with a previous claim made by the same claimant

When a court decides that an abuse of process has taken place, it will strike out either the entire statement of case or part, and may enter judgment of its own motion, should it appear that the innocent party is entitled.

Usage: The statement of particulars was struck out on the basis that the claim was an abuse of process.

Related Words: litigation; locus standi; court order; interim application; application notice; recognition of foreign judgments; vexatious litigant; stay of proceedings; anti suit injunction.