sec.50ADecision by default for unliquidated damages

sec.50A Decision by default for unliquidated damages

This section applies if— a person has applied to the tribunal to recover an amount consisting of, or including, unliquidated damages from a person (the respondent ); and an enabling Act that is an Act, or the rules, states 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 conditional on the assessment by the tribunal of the unliquidated damages. The application may also include a claim for— any liquidated amount claimed in the application starting the proceeding; and interest on the liquidated amount claimed at the rate the tribunal considers appropriate; and the fee paid for the application; and legal costs based on a scale stated in the rules. The principal registrar may decide the application. If a decision by default is given under subsection (4) — the decision is taken to be a final decision of the tribunal in the proceeding; and the tribunal must assess the unliquidated damages. 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 50A ins 2013 No. 35 s 148 (sec.50A-ssec.1) This section applies if— a person has applied to the tribunal to recover an amount consisting of, or including, unliquidated damages from a person (the respondent ); and an enabling Act that is an Act, or the rules, states 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.50A-ssec.2) The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default conditional on the assessment by the tribunal of the unliquidated damages. (sec.50A-ssec.3) The application may also include a claim for— any liquidated amount claimed in the application starting the proceeding; and interest on the liquidated amount claimed at the rate the tribunal considers appropriate; and the fee paid for the application; and legal costs based on a scale stated in the rules. (sec.50A-ssec.4) The principal registrar may decide the application. (sec.50A-ssec.5) If a decision by default is given under subsection (4) — the decision is taken to be a final decision of the tribunal in the proceeding; and the tribunal must assess the unliquidated damages. (sec.50A-ssec.6) 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 an amount consisting of, or including, unliquidated damages from a person (the respondent ); and
• (b) an enabling Act that is an Act, or the rules, states that the respondent must respond to the application within a stated period; and