41. Setting aside or varying default judgment
(1) The Court must set aside a judgment entered under Rule 39, Rule 312 or Rule 318 if that judgment was wrongly entered because —
(a) in the case of a judgment in default of an acknowledgment of service or in default of a defence, any of the conditions in Rule 40 was not satisfied; or
(b) the whole of the claim was satisfied before judgment was entered.
(2) In any other case, the Court may set aside or vary a judgment entered under Rule 39, Rule 312 or Rule 318:
(a) if the defendant has a real prospect of successfully defending the claim; or
(b) if it appears to the Court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim; and
(c) the application to set aside or vary the judgment was made promptly.
(3) An application under this Rule must be supported by evidence.
|Amended on February 15, 2021|