Court Procedures Rules 2006

This rule applies if a plaintiff’s claim for relief against a defendant in default is for the recovery of possession of land only.

On application by the plaintiff under rule 1118 (Default judgment—generally), the court may enter judgment for the plaintiff for—

recovery of possession of the land as against the defendant; and

the following costs:

costs for issuing the originating claim or counterclaim;

costs for obtaining judgment;

any other fees and payments, to the extent they have been reasonably incurred and paid.

If, before judgment is entered, a person files an application under division 2.4.2 (Including and substituting parties) for the person to be included as a defendant, the court must not enter judgment under this rule until it disposes of the application.

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

identify anyone (other than the parties to the proceeding) who is in possession of the land or any part of it—

at the time the originating claim was filed; or

if the claim for possession arises from an amendment to the originating claim—at the time the amendment was made; and

This division applies to a counterclaim against a person not a party to the original proceeding as if it were a proceeding started by originating claim (see r 462 (4) (a) and (5)).

for each person mentioned in paragraph (a), state—

that the person’s possession of the land is not to be disturbed; or

that the person no longer possesses any part of the land; or

that the person has been served with the originating claim and that the person—

has not applied for leave to file a notice of intention to respond or defence under rule 151 (Proceeding for possession of land—leave to file defence etc); or

has been given leave to file a notice of intention to respond or defence but has not filed the notice or defence in accordance with rule 152 (Proceeding for possession of land—filing defence etc); and

if the claim for possession of the land arises from a failure to pay the amount—give particulars of the failure; and

state the costs claimed.