More Than One Defendant

Hi Guys,

If you have seen my previous thread, you'll know that I have a court case regarding a boat trailer. The trailer did not correspond to the description and I have rejected it. The guy that sold the trailer to me later denied that he was the owner and therefore should not be the defendant. His live-in girlfriend stated that she was the owner and therefore she should be the defendant. However, the judged ruled that both should be named defendants.

So now the claim is against both of them. The papers were re-served on both of them. However, only the girl friend has submitted a defence. The original claimant has not filed any defence at all.

Does this mean that I can ask for judgement by default against the first defendant (the guy who sold me the trailer)?

As a matter of interest, regardless of what the judge has ordered, the girl friend is still disputing that the guy is a defendant!

What's your views?

Chris

Hi Tony,

I have asked the judge to consider giving judgement by default in view that the first defendant has not filed defence. I have stated that if judgement was given then I would not pursue the second defendant.

I'll keep this thread updated.

Chris