11.17 Application to set aside order made in the absence of a party

--(1) A party who was not present when an order was made may apply to set aside that order.

--(2) The application must be made within 7 days after the date on which the order was served on the applicant.

--(3) The application to set aside the order must be supported by evidence showing-

----(a) a good reason for failing to attend the hearing; and

----(b) that it is likely that had the applicant attended some other order might have been made.

Notes

Back to Part (11. General Rules about Applications for Court Orders)

Previous Rule (11.16 Power of the court to proceed in the absence of a party)

Next Part (12. Default Judgments)