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The default judgment and order granted by the Court on 28 May 2019 is rescinded. The court docket will determine, on a stability of possibilities, and based mostly on the proof earlier than it, whether or not or not the applicant has made out a case for revie It concluded that the plaintiff was not entitled procedurally to default judgment towards the defendant without leading proof, and that the default declaratory order beneath s424 had been sought and granted erroneously throughout the which means of rule 42. At the very least, then, earlier than a courtroom can make a ruling on whether or not such damages are justified, it would have to consider evidence of the alleged exceptional circumstances permitting the claim. In the strange course, due to this fact, a court docket adjudicating a review matter will have the relevant facts and proof earlier than it when it makes its willpower. “The court or tribunal, in proceedings for judicial review by means of section 6 , could grant any order that’s simply and equitable, together with orders … in exceptional circumstances … directing the administrator or another celebration to the proceedings to pay compensation”.