A court has inherent jurisdiction to set aside a foreclosure or other order made when a party, though served, did not appear, provided the non-appearance was through no fault of that party. The procedure under O.19 r.4 of the Rules of the Supreme Court constitutes a 'trial' for the purposes of O.39 r.33, so that a judgment obtained under that procedure when one party does not appear may be set aside under the Rules. [name withheld] v [name withheld], which precludes varying a perfected order, does not preclude setting aside a default or ex parte order under the Taylor v Taylor principle.
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