12.4 Conditions to be satisfied - judgment for failure to defend

At the request of the claimant the court office must enter judgment for failure to defend if-

----(a) the court office is satisfied that the claim form and statement of case have been served; or

----(b) an appearance has been entered; and

----(c) the period for filing a defence has expired;

----(d) the defendant-

--------(i) has not served a defence to the claim or any part of it;

--------(ii) where the only claim is for a specified sum of money, has not filed or served on the claimant an admission of liability to pay all of the money claimed, together with a request for time to pay it; or

--------(iii) has not satisfied the claim on which the claimant seeks judgment; and

----(e) (where necessary) the claimant has the permission of the court to enter judgment.

Notes

Amended by Legal Notice 140 of 2000.

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