8. Appearance & JID

Question 1

must enter appearance

• general provisions
• disabled/partners/body corporate

Answer 1

O12 & 13 - Entering and default of appearance

O12 Body corporate: by solicitor

O76 Disabled; O77 Partners

Question 2

appearance = waiver of irregularity?

What kind of irregularity

Answer 2

No - O2 r9

Dispute as to ‘jurisdiction’ O9 r10 list

DO NOT MIX WRIT WITH PLEADINGS

• if no reasonable cause of action: challenge the statement of claim
• challenge writ only if irregular writ / service of writ / renewal of writ

Question 3

if writ issued, D knows, but not served?

Answer 3

O12 r11 - D apply for order: either serve or discontinue

Question 4

default of appearance

• what to do?
• curable?

Answer 4

enter judgment as of RIGHT
- non compliance with the rules = fundamental defect (e.g. some can’t enter JID: lead to irregular judgment which can be set aside) not curable under O1A [Lam Kong Co Ltd]

Question 5

legal profession etiquette before entering JID

Answer 5

Legal Profession (Practice and Etiquette) Rules

no JID can be entered without giving the D’s solicitor a 7 day written notice

[Sri Minal Construction] no compliance does not render the judgement irregular - only lead to solicitor being liable for professional misconduct

Question 6

interest on JID

Answer 6

• must plead in SoClaim
• not a punishment but to compensate P who is deprived of the use of the money he is entitled to
• post judgment interest: O42 r12 ‘judgment and orders’
• Practice Direction: 5% unless otherwise agreed by the parties
• pre judgment interest: court have jurisdiction to award under s11 of the Civil Law Act 1956

Question 7

set aside JID

Answer 7

O42 judgment and orders

within 30 days of receiving the JID
- court may extend the time limit under O3 r5 ‘extension of time’

[Evans v Bartlam]

• if judgment regular, D must show evidence of prima facie defence to set aside JID
• if judgment irregular - can set aside as of right