Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1127

Default judgment—costs only

    (1)     The court may enter judgment for a plaintiff against a defendant in default for costs alone if, under this division—

        (a)     the plaintiff is entitled to judgment against the defendant for any relief and for costs; and

        (b)     the defendant satisfies the plaintiff's claim for relief; and

        (c)     because the defendant has satisfied the plaintiff's claim for relief, it is unnecessary for the plaintiff to continue the proceeding against the defendant.

    (2)     On application by the plaintiff under rule 1118 (Default judgment—generally), the court may enter judgment for the plaintiff against a defendant in default for costs alone if, whatever the plaintiff's claim for relief against the defendant

        (a)     the defendant satisfies the plaintiff's claim for relief or complies with the plaintiff's demands; or

        (b)     it otherwise becomes unnecessary for the plaintiff to continue the proceeding against the defendant.



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