Court Procedures Rules 2006

This rule applies if a defendant in a proceeding intends to—

submit to the orders of the court; but

take no active part in the proceeding.

The defendant must—

file a notice of intention to respond; and

include in the notice a statement to the effect that the defendant submits to all orders sought and to judgment in relation to all claims made.

However, the defendant may add to the statement words to the effect that the defendant does not submit in relation to costs.

Except with the court’s leave, a defendant who has filed a notice of intention to respond that includes the statement mentioned in subrule (2) (b) may not file a defence or affidavit or take any other step in the proceeding.

Pt 6.2 (Applications in proceedings) applies to an application for leave.

The court may order that a plaintiff pay a defendant’s costs as a submitting party if the defendant—

files a notice of intention to respond that includes the statement mentioned in subrule (2) (b); and

takes no active part in the proceeding.

If—

a defendant files a notice of intention to respond; and

the defendant is entitled to include in the notice the statement mentioned in subrule (2) (b), but does not include the statement; and

the defendant takes no active part in the proceeding;

The court may make an order under subrule (5) or (6) on application by the defendant or on its own initiative.

Pt 6.2 (Applications in proceedings) applies to an application for an order under r (5) or r (6).

If a plaintiff has been ordered to pay costs under subrule (5) or (6), the costs must be included in any costs payable to the plaintiff by any other defendant or opponent of the plaintiff in the proceeding.