chapter  21
1 Pages

JUDGMENT IN DEFAULT

If a defendant fails to respond to proceedings, the claimant can apply for judgment to be entered in default. As judgment is entered in these circumstances without there being any trial of the merits, and is purely as a result of the defendant’s failure to comply with the procedural requirements of the rules, the court has a discretion to set the judgment aside if good reason is shown, and particularly if the defendant has a good defence on the merits. However, the court may well make setting aside of the judgment conditional on the defendant complying with a condition, such as the payment of money into court or on the immediate payment of the claimant’s costs incurred in entering and setting aside judgment.1