--(1) An application for relief from any sanction imposed for a failure to comply with any rule, court order or direction must be made promptly.
--(2) An application for relief must be supported by evidence.
--(3) The court may grant relief only if it is satisfied that-
----(a) the failure to comply was not intentional;
----(b) there is a good explanation for the breach; and
----(c) the party in default has generally complied with all other relevant rules, practice directions, orders and directions.
--(4) In considering whether to grant relief, the court must have regard to-
----(a) the interests of the administration of justice;
----(b) whether the failure to comply was due to the party or his attorney;
----(c) whether the failure to comply has been or can be remedied within a reasonable time; and
----(d) whether the trial date or any likely trial date can still be met if relief is granted.
--(5) The court may not order the respondent to pay the applicant's costs in relation to any application for relief unless exceptional circumstances are shown.
Notes
Amended by Legal Notice 140 of 2000.
It was held in Trincan Oil Limited, Charles Anthony Brash Jr. and Walter Cukavac v. Chris Martin Civ. App. 65 of 2009 that the requirements at sub-rules (1), (2) and (3) are threshold pre-conditions which must be satisfied before the Court can exercise its discretion pursuant to sub-rule (4).
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