Default Judgement Flashcards

1
Q

How do you obtain a default judgement for money claims with specified and unspecified sums?

A

Specified sum - Claimant files a request for judgement. The court will make a judgement for the amount sought, fixed costs and interest accrued to date of judgement.

Unspecified sum - Claimant files a request for judgement. The court will enter judgement for a sum to be decided at a later hearing.

Can be dealt with on paper.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How do you obtain a default judgement for non-money claims?

A

Claimant must apply for a default judgement hearing to be listed at court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When can interest on a specified amount of money be included on a default judgement?

A
  • claim included details of the interest.
  • statutory interest is claimed, it is no higher than the rate for judgement debts at the time the claim form was issued.
  • request for judgement includes the calculation of interest claimed to the date of judgement.

In any other case, the interest will be decided by the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Who can ask for a default judgement be set aside and how is it decided?

A
  • On application by the defendant or by the court of its own motion. The purpose if to avoid injustice.
  • Normally decided at a hearing unless the claimant agrees to the set aside.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When may the court set a default judgment aside?

A

If the judgement was correctly entered &
- the defendant has a REAL PROSPECT of successfully defending the claim; ⚖️
OR
- the court thinks there is another good reason. 🥳
(the court will consider delay.⏱️)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a default judgement?

A

Cases where the defendant has failed to respond to the claim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly