Under what condition can a plaintiff's proceedings be dismissed for being frivolous or vexatious?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

The dismissal of a plaintiff's proceedings for being frivolous or vexatious is typically grounded in the absence of a reasonable cause of action. This means that if it becomes clear that the case lacks any substantive legal foundation, or if it does not meet the basic requirements to proceed, the court may dismiss the matter. Essentially, a reasonable cause of action is necessary for a valid claim, and if the plaintiff cannot demonstrate this—meaning that the claim is baseless or devoid of merit—the court has the authority to dismiss the proceedings.

In contrast, options concerning the plaintiff's refusal to provide evidence, the defendant's unresponsiveness, or a situation where evidence overwhelmingly favors the defendant do not directly relate to whether there is a reasonable cause of action. These factors may influence the progress of a case or the outcome but do not constitute grounds for a dismissal based solely on the claim being considered frivolous or vexatious. Thus, the presence or absence of a reasonable cause of action stands as the cornerstone for such dismissals.

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