HC48

Common law motions - judgment in default of appearance

This practice direction amends the provisions of practice direction HC23 insofar as the same deals with orders for judgment in default of appearance.

This practice direction applies to orders for judgment in default of appearance made on or after the 14th day of January 2008.

Orders for judgment in default of appearance

Practitioners are asked to note that with effect from the 14th day of January 2008, where the court grants judgment in default of appearance, the order will contain a recital that no appearance has been entered by or on behalf of the defendant and that the order is made subject to the court being satisfied as to service.

Where orders for jdgment in default of appearance are made on or after the 14th day of January 2008 practitioners are no longer required to lodge a certificates of no appearance with the registrar. Such orders will be drawn by the registrar provided that the record in the High Court case tracking system shows that no appearance has been entered.

The provisions of HC23 continue to apply to orders made prior to the 14th day of January 2008.

Dated this 19th day of December 2007
President of the High Court

High court