970LSetting aside judgment in default of appearance

970L Setting aside judgment in default of appearance

(1)  This rule applies if default judgment has been entered against the defendant in proceedings to which this Division applies.

(2)  If this rule applies, the Court may set aside the judgment on the application of the defendant if it is satisfied that the defendant –

(a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and

(b) has a prima facie defence to the proceedings on the merits.

(3)  An application to have a judgment set aside under this rule may be filed –

(a) at any time within 12 months after the date on which the judgment was given; or

(b) after the expiry of that 12-month period, within such time after the defendant acquires knowledge of the judgment as the Court considers reasonable in the circumstances.

(4)  Nothing in this rule affects any other power of the Court to set aside or vary a judgment.