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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 August 2020 at 16:42)
Division 4 Setting aside and variation of judgments
36.15 General power to set aside judgment or order
(cf DCR Part 13, rule 1, Part 31, rule 12A; LCR Part 11, rule 1, Part 26, rule 3)
(1) A judgment or order of the court in any proceedings may, on sufficient cause being shown, be set aside by order of the court if the judgment was given or entered, or the order was made, irregularly, illegally or against good faith.(2) A judgment or order of the court in any proceedings may be set aside by order of the court if the parties to the proceedings consent.
36.16 Further power to set aside or vary judgment or order
(cf SCR Part 40, rule 9)
(1) The court may set aside or vary a judgment or order if notice of motion for the setting aside or variation is filed before entry of the judgment or order.(2) The court may set aside or vary a judgment or order after it has been entered if—(a) it is a default judgment (other than a default judgment given in open court), or(b) it has been given or made in the absence of a party, whether or not the absent party had notice of the relevant hearing or of the application for the judgment or order, or(c) in the case of proceedings for possession of land, it has been given or made in the absence of a person whom the court has ordered to be added as a defendant, whether or not the absent person had notice of the relevant hearing or of the application for the judgment or order.(3) In addition to its powers under subrules (1) and (2), the court may set aside or vary any judgment or order except so far as it—(a) determines any claim for relief, or determines any question (whether of fact or law or both) arising on any claim for relief, or(b) dismisses proceedings, or dismisses proceedings so far as concerns the whole or any part of any claim for relief.(3A) If notice of motion for the setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the court may determine the matter, and (if appropriate) set aside or vary the judgment or order under subrule (1), as if the judgment or order had not been entered.(3B) Within 14 days after a judgment or order is entered, the court may of its own motion set aside or vary the judgment or order as if the judgment or order had not been entered.(3C) Despite rule 1.12, the court may not extend the time limited by subrule (3A) or (3B).(4) Nothing in this rule affects any other power of the court to set aside or vary a judgment or order.
36.17 Correction of judgment or order (“slip rule”)
(cf SCR Part 20, rule 10; DCR Part 17, rule 10; LCR Part 16, rule 10)
If there is a clerical mistake, or an error arising from an accidental slip or omission, in a judgment or order, or in a certificate, the court, on the application of any party or of its own motion, may, at any time, correct the mistake or error.
36.18 Variation of judgment or order against party operating under unregistered business name
(cf SCR Part 64, rule 7; DCR Part 46, rule 6; LCR Part 35, rule 6)
(1) In any proceedings in which judgment has been given, or an order made, against a person under a business name, the court may vary the judgment or order so as to make it a judgment or order against the person in the person’s own name.(2) Notice of motion for a direction under subrule (1) must be personally served on the person.