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Hello my name is ***** ***** I will help you with this.
I am not sure what you are trying to ask.
I understand he wants more information, but in a small claim you only disclose documents in which you seek to rely upon.
I dont understand quite what you are asking?
Has the claim been allocated to track yet?
On what basis can't he file a defence?
Did the Judge grant the application without a hearing?
Ok - in that case do not worry about the application
The Judge will either:
1) Dismiss it, then you can enter Judgment
2) List it for a hearing and you can make representations
3) Grant it, in which case you can apply to set aside on the basis there was no hearing
But in any event just because there is an application does not bar you from entering Judgment
The Court, I assume has not ordered a stay on you entering Judgment and if that is the case then you can enter Judgment
The Defendant can then apply to try and set aside.
All the rules require at this stage is that the Defendant, admits, denies or puts the Claimant to proof about the claim
Can I clarify anything for you about this today please?
But you have the options above what will happen.
I suspect the Judge will dismiss it or say it should be heard at a hearing
But once allocated its a small claim anyway