UNIFORM CIVIL PROCEDURE RULES 2005 - REG 36.16
Further power to set aside or vary judgment or order
UNIFORM CIVIL PROCEDURE RULES 2005 - REG 36.16
Further power to set aside or vary judgment or order
36.16 Further power to set aside or vary judgment or order
(cf SCR Part 40,
rule 9)
(1) The court may set aside or vary a judgment or order if notice of
motion for the setting aside or variation is filed before entry of the
judgment or order.
(2) The court may set aside or vary a judgment or order
after it has been entered if--
(a) it is a default judgment (other than a
default judgment given in open court), or
(b) it has been given or made in
the absence of a party, whether or not the absent party had notice of the
relevant hearing or of the application for the judgment or order, or
(c) in
the case of proceedings for possession of land, it has been given or made in
the absence of a person whom the court has ordered to be added as a defendant,
whether or not the absent person had notice of the relevant hearing or of the
application for the judgment or order.
(3) In addition to its powers under
subrules (1) and (2), the court may set aside or vary any judgment or order
except so far as it--
(a) determines any claim for relief, or determines any
question (whether of fact or law or both) arising on any claim for relief, or
(b) dismisses proceedings, or dismisses proceedings so far as concerns the
whole or any part of any claim for relief.
(3A) If notice of motion for the
setting aside or variation of a judgment or order is filed within 14 days
after the judgment or order is entered, the court may determine the matter,
and (if appropriate) set aside or vary the judgment or order under subrule
(1), as if the judgment or order had not been entered.
(3B) Within 14 days
after a judgment or order is entered, the court may of its own motion set
aside or vary the judgment or order as if the judgment or order had not been
entered.
(3C) Despite rule 1.12, the court may not extend the time limited by
subrule (3A) or (3B).
(4) Nothing in this rule affects any other power of the
court to set aside or vary a judgment or order.
