570Absence of party at trial

### 570 Absence of party at trial > > (1)  If, when the trial of a proceeding is called on – > > > > > > (a) the plaintiff or applicant appears and a defendant or respondent does not appear, the plaintiff or applicant – > > > > > > > > > > (i) may prove the claim against that defendant or respondent; and > > > > > > > > > > > (ii) is entitled to judgment dismissing any counterclaim or cross-application brought by that defendant or respondent; or > > > > > > > (b) a plaintiff or applicant does not appear, a defendant or respondent who does appear – > > > > > > > > > > (i) is entitled to judgment dismissing the proceeding insofar as it is brought by that plaintiff or applicant; and > > > > > > > > > > > (ii) may prove any counterclaim or cross-application brought against that plaintiff or applicant; or > > > > > > > (c) no party appears, the proceeding may be struck out and wholly discontinued and no party is entitled to costs. > > > (2)  On the application of a party who did not appear at trial made within 14 days after trial, the Court or a judge may set aside or vary any judgment, order or verdict obtained under [subrule (1)](#GS570@Gs1@EN) .