23 March 2012
If a late defence and request for a default judgment under Civil Procedure Rule 12.3(2) are filed...
If a late defence and request for a default judgment under Civil Procedure Rule 12.3(2) are filed on the same day, on which should the court act?
This is a matter for discretion. Ordinarily, the court will consider the defence first. If a real defence is disclosed, the request for judgment will be declined. If no real defence, judgment in default will be entered.
