QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.508Defendant’s default or summary decision
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### sec.508 Defendant’s default or summary decision
This rule applies if—
a judgment (including a default judgment) is given for damages (including the value of goods) to be assessed—
because of a defendant’s default mentioned in chapter 9 , part 1 (other than under rule 283 ); or
under chapter 9 , part 2 ; and
the proceeding is carried on in relation to a claim for relief not decided by the judgment.
The court must assess the damages at the trial of the other claim for relief, unless the court orders otherwise.
(sec.508-ssec.1) This rule applies if— a judgment (including a default judgment) is given for damages (including the value of goods) to be assessed— because of a defendant’s default mentioned in chapter 9 , part 1 (other than under rule 283 ); or under chapter 9 , part 2 ; and the proceeding is carried on in relation to a claim for relief not decided by the judgment.
(sec.508-ssec.2) The court must assess the damages at the trial of the other claim for relief, unless the court orders otherwise.
- (a) a judgment (including a default judgment) is given for damages (including the value of goods) to be assessed— (i) because of a defendant’s default mentioned in chapter 9 , part 1 (other than under rule 283 ); or (ii) under chapter 9 , part 2 ; and
- (i) because of a defendant’s default mentioned in chapter 9 , part 1 (other than under rule 283 ); or
- (ii) under chapter 9 , part 2 ; and
- (b) the proceeding is carried on in relation to a claim for relief not decided by the judgment.
- (i) because of a defendant’s default mentioned in chapter 9 , part 1 (other than under rule 283 ); or
- (ii) under chapter 9 , part 2 ; and