T9 (Interim Applications) Flashcards
What is the first step in obtaining an interim order?
When should an application be made?
When is the application treated as made?
Applicant must file an application notice and serve the application on the respondent within the relevant period
Should be made when as soon as it becomes apparent that it is necessary or desirable to make it
Treated as made when the notice is received by the court
What must the application notice include?
Do the application notice need to be verified with a statement of truth?
Needs to include:
- what order the applicant is seeking and
- briefly why the applicant is seeking the order
PD:
Title of claim/reference number/full name of applicant/ if applicant is not already a party their full address / request for hearing or no hearing
Yes, if applicant wishes to rely on matter set out in it as evidence
When should a copy of the application notice be served?
Who does the applicant need to supply with the application?
How is any evidence normally given?
ASAP after it is filed bar if another time limit has been specified, and at least 3 days before the hearing date (if one has been set) / if hearing to be telephone hearing then at least 5 days before hearing date
Written evidence and copies to be served and draft order
Evidence = by WS
When can an application be dealt with without a hearing?
IF
A. Parties agree to terms of order sought;
B. Parties agree to no hearing; OR
C. Court doesn’t consider hearing appropriate
If the application is made without notice, when will the other party become aware of the outcome?
When court makes an order (granting or dismissing) copy of application notice and any evidence will be served with the order on other parties or other person, against whom it was sough or made.
If an application has been made without notice, can a party apply to have it set aside? What must they do?
Can apply for it to be set aside or varied, will be told of the right to do so when notice is served on them (which will be after the order has been made if without notice)
Must make the application within 7 days of the order being served on them
Can the application be dealt with if applicant or respondent fails to attend hearing?
What can the court do if they dismiss the application because they believe it is totally without merit?
Yes
The court order itself will record the fact that it is totally without merit, and court will consider if it is appropriate to make a civil restraint order
Where should the application be made?
At court where claims as started or later transferred
If made before proceedings - where claim is likely to be issued
When should the application be made when it is an application for:
Striking out
Summary Judgement
Interim payment
Striking out = as soon as possible and before allocation if possible
Summary Judgement = Application cannot be made until AFTER filing or acknowledgement or service or defence
Interim payment = Application cannot be made until AFTER period for filing acknowledgement of service
Briefly outline the formality of the order/judgment
Who will draw up the order? + Time limits?
- Name and title of person making order
- Date of order and be sealed by court
- If permission was sought: if the order is final, where to appeal, if permission was given to appeal
Normally by the court except where a court orders a party to draw it up or the parties agree to draw it up
If by party = needs to be drawn up and filed no later than 7 days after court made order, if one party fails to draw it up the other party may do it
When does the judgment/order take effect?
If the order is for a payment of money when must the order be complied with?
If the applicant is entitled to interest on the judgment when will this run from?
Immediately, or on date specified
Compliance must be within 14 days of the date of judgment unless different date is specified
Interest being to run form the date that the judgment was given or specified date
What pre-action application can be made?
Interim remedy before proceedings
Pre-action disclosure
Inspection before proceeding start
When can an order for interim remedy be made?
What restrictions are they if the person making the application is the D in the main claim?
Any time, including Before proceedings have start and after judgment has been given
IF it is the D applying then they cannot apply for any interim order before he has filed either an acknowledgement of service or their defence
Can the court grant an application made without notice?
What must accompany the application?
Yes if it appear to the court that there are good reasons for not giving notice — If application is made without notice then must explain why notice has not been given in the application
Must be supported by evidence, in form of WS, unless court orders otherwise
