Clause 26
Judgment in default of appearance
of Small Claims Tribunals Bill
BillNot in forceProvision 26 of 45
Clause 26
(1)
If a respondent fails to appear at the hearing, by himself or by a representative pursuant to section 21(2), the claimant may apply to the tribunal for an order to be made against the respondent.
(2)
Upon application made by the claimant under subsection (1), the tribunal shall grant him the order if it is satisfied that he is entitled thereto.
(3)
An order shall not be made against a respondent under this section unless the tribunal is satisfied that a copy of the written claim and the notice of hearing have been served on the respondent under section 18.