52. If a party summarily establishes that a judicial application or pleading may constitute an abuse of procedure, the onus is on the initiator of the application or pleading to show that it is not excessive or unreasonable and is justified in law.
The application is presented and defended orally, and decided by the court on the face of the pleadings and exhibits in the record and the transcripts of any pre-trial examinations. No other evidence is presented, unless the court considers it necessary.
An application for a court ruling on the abusive nature of a pleading that operates to restrict another person’s freedom of expression in public debate must, in first instance, be dealt with as a matter of priority.