UNIFORM CIVIL PROCEDURE RULES 1999 - REG 285
Judgment by default—detention of goods
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 285
Judgment by default—detention of goods
285 Judgment by default—detention of goods
(1) This rule applies if the
plaintiff’s claim for relief against a defendant in default is for the
detention of goods only.
(2) The plaintiff may file a request for judgment
against the defendant, within the limits of the plaintiff’s claim for
relief, either—
(a) for the return of the goods or the value of the goods
conditional on assessment under chapter 13 , part 8 and for costs; or
(b) for
the value of the goods conditional on assessment under chapter 13 , part 8 and
for costs.
(3) If the plaintiff files a request for judgment under subrule
(2) , the court, as constituted by a registrar, may give judgment in
accordance with the request.
(4) The court, as constituted by a registrar,
must nominate under rule 507the court that is to do the assessment.
(5) If
the plaintiff seeks an order for the return of specified goods, the plaintiff
must apply to the court for the order.
