Hunter, Winston and Johanna Hunter v. Benjamin Hunter

Default judgment-Application to set aside whether the CPR has two distinct rubric for setting aside-Whether permission required to file acknowledgement of service out of time-Whether an irregularly obtained default judgment can be varied-R. 13.2 and 13.3

Where an acknowledgement of service is filed before the request for judgment in default to be entered, though filed outside of time allowed by the general rule, any default judgment so entered will be irregular and must be set aside. Futhermore, the court is not competent to vary that judgment to make it read in default of the filing of a defence even where no defence has been filed.