Abuse of process

According to case law, the Court has an inherent power to dismiss proceedings which constitute an abuse of the Court's process (Constantinides v. Vima Ltd (1983) 1 C.L.R. 348). Abuse of process can take many forms and, in general, there is no hard and fast rule as to what constitutes an abuse of process (Constantinides v. Vima Ltd (1983) 1 C.L.R. 348).

One of the most typical examples of abuse of process is when two proceedings are pursued and the later cover essentially the same issues covered by the first (see Beogradska (1996) 1 A.A.D. 911). Likewise, the pursuit of similar goals through the adoption of parallel remedies, as well as the multiplicity of procedures to achieve the same goal, constitute an abuse of process (see Perrella (1995) 1 A.A.D. 217).

In any case, what constitutes an abuse of process is a question of fact and each case is decided on its own facts.

This article has been written by Chara Palekythriti, Lawyer - Legal Consultant ©

Disclaimer: This article is for informative purposes only and does not constitute legal advice, opinion or otherwise.