Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 45.03

Judgment where no appearance

    (1)     Where a defendant fails to file an appearance within the time limited, the Court may, on application made by the plaintiff without notice to the defendant, and on proof of service of the originating motion and of the failure, give judgment against the defendant for the relief or remedy sought in the originating motion.

    (2)     For the purpose of this Chapter, the hearing of the application is the trial of the proceeding.

    (3)     Except for the purpose of proof of service of the originating motion and where the defendant has failed to appear, the plaintiff shall not, unless the Court otherwise orders, use in evidence on the application an affidavit made by him or on his behalf and not served on the defendant with the originating motion.



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