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) .