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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 12 August 2020 at 09:50)
(cf SCR Part 24, rule 9)
(1) If a party who has been ordered to answer interrogatories under rule 22.1 or 22.4 fails to answer an interrogatory sufficiently, the court may give or make such judgment or such order as it thinks fit, including—(a) if the party in default is a plaintiff, an order that the proceedings be stayed or dismissed as to the whole or any part of the relief claimed by the party in the proceedings, or(b) if the proceedings were commenced by statement of claim and the party in default is a defendant, an order that the party’s defence be struck out.(2) If a party has a solicitor, an order under rule 22.1 or 22.4 need not, for the purposes of enforcement of the order by committal or sequestration, be served personally.(3) If an order under rule 22.1 or 22.4 is not served personally on a party having a solicitor, the order may not be enforced by committal of any person, or by sequestration of any person’s property, if that person shows that he or she did not have notice of the order within sufficient time to comply with the order.