2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

39.5   Applications to set aside judgment given in party's absence

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    (1)   A party who was not present at a trial at which judgment was given or an order made may apply to set aside that judgment or order.

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    (2)   The application must be made within 14 days after the date on which the judgment or order was served on the applicant.

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    (3)   The application to set aside the judgment or order must be supported by evidence on affidavit.

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    (4)   If the evidence shows that the party or legal practitioner was not notified of the date fixed for the trial at which the judgment was given or the order made, the judgment or order must be set aside.

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    (5)   In all other cases, the evidence must show —

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      (a)     that —

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        (i)     there was a good reason for failing to attend the hearing, and

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        (ii)     it is likely that, had the party or legal practitioner attended, some other judgment or order might have been given or made; or

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      (b)     exceptional reasons why the judgment or order should be set aside.