Court Procedures Rules 2006

This rule applies if a plaintiff’s claim for relief against a defendant in default is for unliquidated damages, with or without another claim.

On application by the plaintiff under rule 1118 (Default judgment—generally), the court may enter judgment for the plaintiff against the defendant for damages to be assessed.

The affidavit in support mentioned in rule 1119 (Default judgment—relevant affidavits) must state—

that the proceeding has not been settled with the defendant; and

any amounts paid in relation to the damages.

For an application in the Magistrates Court, the court may decide the claim without listing the matter for hearing.