A short note on withdrawal, discontinuance and striking out of actions.
Application in Chambers where no hearing on merits should “strike out” rather than “dismiss” per Ames P in Kanagbo and Others v Bongay CA 1962.
Frivolous and vexatious action may be struck out or staged in part or as whole the court may consider pleading and any other allegation or admissions per Smith CJ in Palmer v Stooke 1950 – 56 ALR SL 284 An action can be dismissed for want of prosecution for failure of to give month’s notice of intention to proceed if a year since last proceedings – Johnson v Roberts 1950 – 56 ALR SL