RoP.356

Rule 356 - Application to set aside a decision by default

1. A party agains t whom a decision by default has been given may lodge an Application to set aside that decision within one month of service of the decision.

2. The Application to set aside a decision by default shall contain the party’s explanation for the default. It shall mention the date and number of the decision by default. The party shall pay a fee for the Application to set aside the decision by default , in accordance with Part 6 . In the case of Rule 355.1(a) the Application shall be accompanied by the step the party has failed to take.

3. If the provisions of paragraph 2 are met the Application shall be allowed unless a party has been put on notice in an earlier decision that a further decision by default shall be final. If the Application is allowed, a note of allowance shall be included in any publication of the decision by default.

Relation with Statute: Article 37