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I initiated legal proceedings against a health trust for defamation and have served both the Writ and Particulars of Claim. In response, the trust filed a Notice of Appearance with both myself and the court — but since then, there has been no further communication. They have not served a defence, nor have they contacted me or the court to request an extension.
As a result, I applied for default judgment due to the failure to serve a defence, which was granted. I’ve now submitted an application for a damages hearing and am currently awaiting a date.
Is it common practice for defendants to refrain from filing a defence in this way, or should I anticipate an application from them to have the default judgment set aside?
As a result, I applied for default judgment due to the failure to serve a defence, which was granted. I’ve now submitted an application for a damages hearing and am currently awaiting a date.
Is it common practice for defendants to refrain from filing a defence in this way, or should I anticipate an application from them to have the default judgment set aside?
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