1138Default judgment—partial defence

1138 Default judgment—partial defence (1) If a defendant is in default in relation to the undefended part of the claim, the plaintiff may— (a) apply to the court for judgment to be entered under this division against the defendant in relation to the undefended part of the claim; and (b) carry on the proceeding against— (i) the defendant in relation to the rest of the proceeding; and (ii) any other party to the proceeding. (2) If rule 1126 (Default judgment—other claims) applies in relation to the application, the application must be accompanied by the relevant affidavits. Note 1 Rule 1126 may be applied to the undefended part of the claim by r 1139. Note 3 For the meaning of relevant affidavits, see r 1119 (as applied by r 1139). Default by defendant—partial defence Division 2.11.4 Rule 1139 (3) If rule 1126 does not apply in relation to the application, the application is made by filing a draft judgment accompanied by the relevant affidavits. application under subrule (3). (5) The draft judgment and relevant affidavits mentioned in subrule (3) need not be served on anyone unless the court otherwise orders on its (6) The court may enter judgment under this division in favour of the plaintiff in relation to the undefended part of the claim without a (7) Subrule (2) does not apply to the undefended part of the claim if rule 1126 would apply to the undefended part of the claim if it were a separate claim for relief.