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Practice Direction No. 5 (Default judgments) [1994] TOLawRp 30; [1994] Tonga LR 72 (1 January 1994)

[1994] Tonga LR 72

PRACTICE DIRECTION 5/94

Application for and Service of Judgment in Default of Defence
and Application for Writ of Distress

1. Whenever application is made ex parte by the plaintiff for judgment in default of defence, the application shall be accompanied by an affidavit deposing to:

(a) the date (and where relevant the circumstances) of service of the writ on each defendant against whom judgment is sought.
(b) the fact that no defence has been filed.
(c) any sum paid towards the debt claimed since the writ was filed.
(d) the sum claimed in any case of liquidated damages.
(e) the order sought in any case of unliquidated damages.

2. In future the costs claimed should not be included in the application. A bill of costs should be lodged with the Court and served on the paying party in accordance with Order 29 rule 3.

3. In any case where Judgment is ordered in default of defence, the plaintiff shall serve a copy of the Judgment on the judgment debtor within 14 days. Where service of the original writ was ordered to be other than by personal service, the judgment may be served in the same manner.