I did.

He said that I would have to wait till the court hearing to see.

Last week at the court hearing I brought it up and was told that they can't do anything about that as its a different case so they won't discuss it in this case.

BTW

The claimant never submitted his case to the court or to myself.

I never got any of the documents he was going to use in the court.

The judge took his word for it that he had sent them even though the court itself did not receive any documents.

I asked the judge to set the case aside as he did not follow the courts requirements but my request was declined.

The judge has again asked him to share the information and we will have another hearing.

So ask for them again at the next hearing...hopefully when its concluded.

I did.

It was about to be concluded this time around when the judge suggested we do 50/50.

I was going to agree subject to the fee being included but the judge refused to put that fee in.

He said it needs to be a separate case.

The application costs in setting a side the judgment are the same case and claim....is the claim proceeding ?

Yes its proceeding. Another hearing date will be sent out soon.

I thought that since he did not send out his case to myself and the court the case should have been dismissed?

So wait until its concluded and if you win ask for all your costs in connection of defending the claim.

If hes failed to comply with directions..inform the court and ask sanction be imposed...ie Strike out his claim.

I asked the judge to put the costs in on this claim as it was about to be concluded.

he said he can't do that as its a different claim.

I explained to him that its not but he did not agree and said I need to seek that separately.

So you apply for a costs order then when its concluded and provided you win.