UNIFORM CIVIL PROCEDURE RULES 2005 - REG 23.9 Default

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 23.9

23.9 Default

(cf SCR Part 25, rule 10; DCR Part 23, rule 10; LCR Part 20, rule 10)

(1) If a party makes default in compliance with this Part, or a notice or order under this Part, the court may give or make such judgment or such order as it thinks fit, including--

(a) if the party in default is a plaintiff, an order that the proceedings be dismissed as to the whole or any part of the relief claimed by the party in the proceedings, or

(b) if the proceedings were commenced by statement of claim and the party in default is a defendant, an order that the party's defence be struck out and that judgment be given accordingly.

(2) If a person for whose benefit relief is being claimed, not being a party, makes default in compliance with this Part, or an order under this Part, the court may give such judgment, or make such order, as it thinks fit, including an order that the proceedings be dismissed as to the relief so claimed.

(3) This rule does not limit the powers of the court to punish for contempt.