Circuit Court Rules

ORDER 30

REVIEW OF JUDGMENTS

1. Any party against whom a judgment in default of appearance or defence has been given may, not later than 10 days after he has knowledge thereof, serve a notice of motion in accordance with Form 13 of the Schedule of Forms annexed hereto to vary or set aside the said judgment, but service of the notice of motion shall not operate as a stay of proceedings in the action save with the leave of the court and upon such directions as to the court shall seem appropriate. In cases of urgency, applications for a stay may be made in accordance with the terms of Order 1, rule 5 of these Rules.

2. Every such notice shall set forth clearly and briefly the reasons why the party applying did not enter an appearance or did not deliver a defence, as the case may be, the nature of the fraud, misrepresentation, surprise or mistake relied upon, and the grounds of defence to the action in which the said judgment was given.

3. Save where the court shall otherwise direct, no such motion shall be heard until the party applying has complied with the directions of the court (if any) including any directions relating to the lodgment in court of such sums, either in respect of the judgment debt itself, the costs awarded against him by such judgment, and such further sum, if any, as security for costs of the motion as the Judge shall consider just.

4. The Judge may, on the hearing of any such motion, vary or set aside the judgment in question, upon such terms as to costs or otherwise, including lodgment in court of the amount of such judgment, or any part thereof, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action, proceeding or matter. The Judge may also make such order as he may consider just in regard to moneys paid into court by the defendant.

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