In High Court proceedings, both parties—the plaintiff and the defendant—must comply with strict procedural timelines, as governed by the Rules of the Superior Courts.

Judge in default occurs at stage of appearance and defence:

A Judgement in Default of Appearance occurs when the defendant fails to enter an appearance, after 8 days of being served with the Plenary Summon and the Plaintiff Served 14 days warning notice demanding compliance;

A Judgment in Default of Defence occurs when the defendant fails to deliver a defence within 21 days of being served with the Statement of Claim. In such cases, the plaintiff may issue a 14-day warning notice, demanding compliance.

If the defendant still fails to serve a defence after the 14-day notice expires, the plaintiff is entitled to apply to the court for judgment in default.

How to File for Judgment in Default
To proceed, the plaintiff must file the following documents in the Central Court Office:

• Notice of Motion – requests the relief (judgment) sought from the court.
• Grounding Affidavit – sets out the facts supporting the application.
• Affidavit of Service – confirms the 14-day warning notice was properly served.

Each document requires stamp duty, and the plaintiff must prepare copies for:

• The Court
• The Respondent
• Personal records

Once stamped and filed, the court assigns a hearing date, and the plaintiff must serve the motion papers on the defendant.

What Happens at the Hearing
The hearing is procedural only. The court will not examine the substance of the case, but will focus solely on whether the defence was filed within the required time-frame.

In my own case, after filing for judgment, the defendant appeared and requested more time. The judge granted a four-week extension. When that deadline passed without any defence, I filed a second judgment application using the same process.

Two days before the second hearing, the defendant served their defence. We proceeded to court, and the judge awarded costs in my favour, recognising the delays caused.
Key Insight for Lay Litigants
Use the judgment in default process to enforce timelines. Courts respect procedure, and if the other side is delaying without cause, this is your opportunity to act decisively—and potentially recover costs.