sec.50Decision by default for debt or liquidated demand of money

sec.50 Decision by default for debt or liquidated demand of money

This section applies if— a person has applied to the tribunal to recover a debt or liquidated demand of money from a person (the respondent ); and an enabling Act that is an Act or the rules state that the respondent must respond to the application within a stated period; and the respondent has not responded to the application within the stated period. The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default for an amount limited to— the amount claimed in the application starting the proceeding; and interest on the amount claimed at the rate the tribunal considers appropriate; and either— for an application for a minor civil dispute—costs stated in the rules as costs that may be awarded for minor civil disputes under section 102 ; or for an application other than for a minor civil dispute— the fee paid for the application; and legal costs based on a scale stated in the rules. If the applicant applies for a decision by default under this section the principal registrar may make the decision. A decision by default given under subsection (3) is taken to be a final decision of the tribunal in the proceeding. The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section. s 50 amd 2010 No. 26 s 124 ; 2013 No. 35 s 147 (sec.50-ssec.1) This section applies if— a person has applied to the tribunal to recover a debt or liquidated demand of money from a person (the respondent ); and an enabling Act that is an Act or the rules state that the respondent must respond to the application within a stated period; and the respondent has not responded to the application within the stated period. (sec.50-ssec.2) The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default for an amount limited to— the amount claimed in the application starting the proceeding; and interest on the amount claimed at the rate the tribunal considers appropriate; and either— for an application for a minor civil dispute—costs stated in the rules as costs that may be awarded for minor civil disputes under section 102 ; or for an application other than for a minor civil dispute— the fee paid for the application; and legal costs based on a scale stated in the rules. (sec.50-ssec.3) If the applicant applies for a decision by default under this section the principal registrar may make the decision. (sec.50-ssec.4) A decision by default given under subsection (3) is taken to be a final decision of the tribunal in the proceeding. (sec.50-ssec.5) The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section.

• (a) a person has applied to the tribunal to recover a debt or liquidated demand of money from a person (the respondent ); and