The court expressed significant doubt about whether rulings by judges in chambers under section 2(1)(b) of the Vexatious Proceedings Act are appealable, noting that allowing appeals involving the proposed defendants would defeat the very purpose of the Act by exposing victims to ongoing litigation about litigation before litigation even commences. However, the court assumed in favour of the applicants, without deciding, that such rulings were appealable and proceeded to address the applications on their merits. The court also commented that where a complete defence (such as prescription) is readily available to proposed defendants, this should be considered when assessing whether there are prima facie grounds for the proposed litigation, notwithstanding that under section 17(1) of the Prescription Act courts do not take notice of prescription of their own motion - this prohibition does not apply when a judge in chambers is assessing the merit of a potential claim rather than adjudicating a dispute.