Decision by default Sample Clauses
The "Decision by default" clause establishes a mechanism for resolving situations where a required decision is not made within a specified timeframe. Typically, this clause stipulates that if the parties fail to reach an agreement or respond by a certain deadline, a predetermined outcome or course of action will automatically take effect. For example, if a party does not approve a proposed change within ten days, the change may be deemed accepted or rejected by default. This clause ensures that indecision or inaction does not stall progress, providing certainty and continuity in contractual relationships.
Decision by default. (1) Where the defendant, after having been duly summoned, fails to file written submissions in defence or fails to appear at the oral hearing, at the request of the plaintiff a decision by default may be given in accordance with the Rules of Procedure. An objection may be lodged against the decision within one month of it being notified.
(2) The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.
Decision by default. (1) At the request of a party to an action, a decision by default may be given in accordance with the Rules of Procedure, where the other party, after having been served with a document instituting proceedings or with an equivalent document, fails to file written submissions in defence or fails to appear at the oral hearing. An objection may be lodged against that decision within one month of it being notified to the party against which the default decision has been given.
(2) The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.
