(a) a default judgment is given for
the plaintiff against the defendant by whom a third party was included; and
(b) the third party has not filed a notice of intention to defend or a
defence.
(2) When the time for filing a notice of intention to defend or a
defence ends—
(a) the third party—
(i) is taken to admit a claim stated in
the third party notice or statement of claim; and
(ii) is bound by the
default judgment between the plaintiff and the defendant so far as it is
relevant to a claim, question or issue stated in the notice or statement of
claim; and
(b) the defendant—
(i) at any time after satisfaction of the
default judgment, or, with the court’s leave, before satisfaction, may
obtain a judgment against the third party for a contribution or indemnity
claimed in the notice or statement of claim; and
(ii) with the court’s
leave, may obtain a judgment against the third party for other relief or
remedy claimed in the notice or statement of claim.
(3) The court may set
aside or vary the judgment against the third party.
(4) Chapter 9 , part 1 ,
division 2 , applies for a third party procedure as if the third party notice
were a claim, the defendant making the claim were a plaintiff and the third
party were a defendant.
