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In force2024 Revised Edition
Contents

Part · Procedure

32. Judgment in default of appearance

In plain English

If neither a defendant nor their representative appears at the hearing, the claimant may seek judgment. The request may be backed by a sworn or affirmed statement of the facts. The tribunal must enter judgment if satisfied the claimant is entitled to it. Judgment is only entered if the defendant was served with the written claim and hearing notice.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

If a defendant fails to appear at the hearing, by himself or by a representative pursuant to section 24(2), the claimant may apply for judgment to be entered against the defendant.

(2)

Such application for entry of judgment may be supported by an affidavit or affirmation verifying facts relied on.

(3)

Upon application made by the claimant under subsection (1), the tribunal shall order for judgment to be entered against the defendant if it is satisfied that the claimant is entitled thereto.

(4)

Judgment shall not be entered against a defendant under this section unless the tribunal is satisfied that a copy of the written claim and the notice of hearing have been served on the defendant under section 19.