Default Judgement Flashcards
How do you obtain a default judgement for money claims with specified and unspecified sums?
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 do you obtain a default judgement for non-money claims?
Claimant must apply for a default judgement hearing to be listed at court.
When can interest on a specified amount of money be included on a default judgement?
- 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.
Who can ask for a default judgement be set aside and how is it decided?
- 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.
When may the court set a default judgment aside?
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.⏱️)
What is a default judgement?
Cases where the defendant has failed to respond to the claim.