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Hunter, Winston, Johanna Hunter v Benjamin Hunter
Defaulf judgment - Appliation to set aside whelfher the CPR has two
drsfinct mbnC for sethng aside - whefier pemission mqmUId to He
acknowledgement of seml'ce ozzt of h-me - whether an imgularly obtained
default judgment can be vmBM-e Rd. 13.2 mdR . 13.3.
Wem an acknowledgement of semke is filed befom lfhe request for
judgment in default to be enterred? lfhough filed oufside of time allowed by
fhe general rule7 any defaulf judgment so ented wll be incgular and
must be set aside. emo om, the co& is not compeent to vary that
judgment to mske it m d in default of fie fifikg of a defence even whem
no defence has been filed.