Setting aside of judgment, etc., given in absence of party
14.—(1) A judgment, an order or a direction given or made by a tribunal or the Registrar in the absence of a party may be set aside by a party aggrieved by that judgment, order or direction.
(2) An application under this rule to set aside a judgment, an order or a direction must be —
(a)
made in the relevant Form;
(b)
made —
(i)
to a tribunal, where the judgment, order or direction was given or made by a tribunal; and
(ii)
to the Registrar, where the judgment, order or direction was given or made by the Registrar;
(c)
supported by an affidavit in the relevant Form; and
(d)
filed within 14 days after the date of the judgment, order or direction, as the case may be, or within such longer period as the tribunal or Registrar may allow.
(3) The applicant must, within 7 days after the date on which the application and supporting affidavit are filed, serve the application and supporting affidavit on the respondent.
(4) A respondent who intends to contest the application must, within 14 days after being served with the application and supporting affidavit, file and serve on the applicant a reply in the relevant Form supported by an affidavit.
(5) The tribunal or Registrar hearing the application —
(a)
may set aside the judgment, order or direction given or made, on such terms as the tribunal or Registrar thinks just; and
(b)
may proceed to hear the claim or make any other orders as the tribunal or Registrar thinks just.
(6) Where any party does not appear at the hearing of the application, the tribunal or Registrar hearing the application may dismiss the application or make such orders as the tribunal or Registrar thinks fit.
Appeals from orders, etc., of Registrar
15.—(1) An appeal is to lie to a tribunal judge from any judgment, order or direction of the Registrar.
(2) Order 55B of the Rules of Court (Cap. 322, R 5) applies to every such appeal with the following modifications:
(a)
any reference in that Order to a District Judge in Chambers is to be construed as a reference to a tribunal judge;
(b)
the reference in Rule 1(3) of that Order to a notice in Form 112 is to be construed as a notice in the relevant Form.