Judgment in Default

Question 1

(1) For a C to apply for a Default Judgment, what 2 things must they show?

(2) Under what part of the CPR is this application made?

Answer 1

(1) Particulars of Claim SERVED
(2) D NOT filed (a) Defence OR (b) Acknowledgement of Service within the relevant time period

Question 2

For a Default Judgment for UNSPECIFIED CLAIM (e.g. damages) what 2 next steps will the court take?

Answer 2

(1) Enter JUDGMENT (against D)
(2) Later DISPOSAL HEARING decide amount

Question 3

For a Default Judgment for SPECIFIED CLAIM (e.g. debt), what 3 pieces of information must C provide to court?

Answer 3

(1) Date payment was due
(2) Interest (up to DATE OF ISSUSE)
(3) Daily rate of interest (from date of issue until JUDGMENT DATE)

Question 4

For an application to set aside a default judgment, what are the two types of grounds the D can apply under and what is the effect of each on whether it will be set aside?

Answer 4

(1) Mandatory grounds - MUST be set aside
(2) Discretionary grounds - MAY be set aside

Question 5

The mandatory ground to aside a default judgment is judgment was WRONGLY ENTERED.

(a) What are 3 examples of this?

(b) What part of the CPR is this?

Answer 5

(a)
(1) TOO EARLY - i.e. before deadline file AOS / defence expired
(2) CLAIM SATISFIED - i.e paid in full
(3) Pending application for SUMMARY JUDGMENT or ‘STRIKE-OUT’

(b) 13.2

Question 6

What are the 3 components of the ‘Discretionary Grounds’

Answer 6

D has a REAL PROSPECT of successfully defending clam
OR
OTHER GOOD REASON to set aside
+
D must apply PROMPTLY

Question 7

How will costs be decided in the following outcomes if the C SUCCEEDS:
(1) Mandatory ground
(2) Discretionary ground of ‘real prospect of success’
(3) Discretionary ground of ‘other good reason’

Answer 7

(1) C pays D costs
(2) D pays C costs
(3) Costs in case - i.e. decided at outcome of case