Summary disposition
27.09 Summary disposition
27.09.1 If, in a proceeding commenced by Writ of Summons, a defendant does not file an appearance within the time limited the plaintiff may apply to a Justice for judgment against that defendant in accordance with this order.
27.09.2 Upon proof of service of the Writ of Summons on the defendant and proof that the defendant has not filed any appearance the Court or a Justice may, without notice to the defendant, give judgment for the plaintiff against that defendant upon the Statement of Claim.
27.09.3 A plaintiff who obtains judgment against a defendant in accordance with this order may enforce the judgment and continue the proceeding against any other defendant.
27.09.5 Where a pleading:
does not disclose a cause of action or defence;
is scandalous, frivolous or vexatious;
may prejudice, embarrass or delay the fair trial of the proceedings; or
is otherwise an abuse of the process of the Court;
the Court or a Justice may order the whole or part of the pleading be struck out or amended.
27.09.6 On application by a defendant who has filed an appearance the Court or a Justice may at any time give judgment for that defendant against the plaintiff if the defendant has a good defence on the merits.
27.09.7 Where a plaintiff, being required to file a Statement of Claim, fails to do so the Court or a Justice may order that the proceeding is dismissed for want of prosecution.
This Act’s bill:Explanatory statement
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