Default judgment—detention of goods
1123 Default judgment—detention of goods
This rule applies if a plaintiff’s claim for relief against a defendant in default is for the detention of goods only.
On application by the plaintiff under rule 1118, the court may enter judgment for the plaintiff against the defendant, in accordance with the plaintiff’s claim for relief, for either—
the return of the goods to the plaintiff, or payment to the plaintiff of the value of the goods and costs; or
payment to the plaintiff of the value of the goods and costs.
The affidavit in support mentioned in rule 1119 must—
state which goods have, and which have not, been delivered to the plaintiff since the originating claim or counterclaim was filed; and
give particulars of any payments the defendant has made to the plaintiff for the goods, or state that no payments have been made, since the originating claim or counterclaim was filed; and
state the costs claimed.
If the court enters judgment under subrule (2) (a), and the plaintiff subsequently applies for an order under this subrule, the court may make an order for the return of the goods to the plaintiff without the option of the defendant paying the value of the goods.
Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
If the court enters judgment under this rule for the return of goods, it may state a date before which the return must take place.
If the court enters judgment for the return of goods, but the goods are subsequently damaged, destroyed or otherwise made unavailable for return, the court may, on the plaintiff’s application, order the defendant to pay the value of the goods to the plaintiff.
In this rule:
value, of the goods, means the value as assessed by, or in accordance with the directions of, the court.
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