Read the full judgment text of CACV 000053/2000 on BabelCite. This Court of Appeal judgment was delivered on 15 December 2000 before Rogers V-P, Keith JA and Le Pichon JA.
Civil procedure – appeal – strike out – abuse of process – grounds of appeal – defamation – interlocutory application – two academics brought defamation actions against each other; trial judge dismissed one claim and awarded damages on the other; appellant appealed; respondent applied to strike out notices of appeal on grounds of abuse of process, no arguable points of law, and insufficient grounds; Court of Appeal held that allegations of vexatious litigation cannot be decided summarily; lack of arguable points of law is not a ground to strike out as appeals on fact are permissible; insufficient grounds can be cured by supplemental notice; application refused subject to direction to file supplemental notice within 4 weeks.
Legal issues: Application to strike out notices of appeal
Outcome: Application to strike out notices of appeal refused, subject to a direction for Dr Drummond to file a supplemental notice of appeal in CACV 54/2000 within 4 weeks.
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