Common Law Motions - 1988

Litigation 01/01/1988

Where the Court on a motion for judgment in default of Defence in actions claiming unliquidated damages in tort or contract makes an Order on consent or otherwise extending the time for delivery of Defence the applicant may also request the Court to adjourn the motion generally with liberty to re-enter.

If no Defence is delivered within the time fixed (or other further time agreed between the parties) the motion may be brought before the Court on service of Notice of re-entry and lodgment of a copy thereof and of the original Notice and Order in the Central Office without the necessity of complying again with the provisions of Order 27 r. 9(1) and (2) of the Rules of the Superior Courts.