The Situation: We appeared on behalf of a defendant in the District Court. It was only a mention of an originating application but our client was anxious to have the proceedings brought to an end as soon as possible. We adopted the view that proceedings should have been started by claim and statement of claim, and should therefore be struck out as it was an abuse of the court`s processes.

The application was filed on the last day and would have been statutory barred if filed later (The courts often adjourn these sorts of cases and direct the plaintiff to file a statement of claim and the matter proceeds).

The Result: A win for our client. The claim was struck out and the plaintiff was ordered to pay the our client’s costs.

As every case is different, the cases reported here cannot be taken as an indication of a similar outcome being likely in your case, and these reports are not to be taken as legal advice about your particular situation.