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The Laws of Fiji
Last Updated: 1 August 2020

4 Judgment in default (O 83, R 4)

4
(1) Notwithstanding anything in Order 13 or Order 19, in a moneylender's action judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court.
(2) An application for the grant of leave under this Rule must be made by summons, and the summons must, notwithstanding anything in Order 65, Rule 9, be served on the defendant.
(3) If the application is for leave to enter judgment in default, as referred to in paragraph (1), the summons shall not be issued until after the time limited for the giving of the notice of intention to defend.
(4) On the hearing of such an application, whether the defendant gives notice of intention to defend or not, the Court—
  • (a)may exercise the powers of the Court under sections 21 and 22 of the Money Lenders Act 1938;
  • (b)where it refuses leave under this Rule to enter judgment on a claim or any part of a claim, may make or give any such order or directions as it might have made or given had the application been an application under Order 14, Rule 1, for judgment on the claim.