Enforcement

Question 1

[ENFORCEMENT] A plaintiff sues for a liquidated debt and the defendant has no arguable defence. What procedure should be used and what is the test?

Answer 1

Summary summons/summary judgment; whether there is a fair or reasonable probability of a bona fide defence.

Question 2

[ENFORCEMENT] A defendant faces summary judgment but raises a weak yet arguable defence. What is the outcome?

Answer 2

Leave to defend will be granted.

Question 3

[ENFORCEMENT] A defendant applies for summary judgment and the application is contested. What happens procedurally?

Answer 3

The Master loses jurisdiction and the matter is transferred to a High Court judge.

Question 4

[ENFORCEMENT] A plaintiff seeks summary judgment but the sum claimed is uncertain. What is the issue?

Answer 4

It may not qualify as a liquidated sum and summary procedure may not be available.

Question 5

[ENFORCEMENT] A defendant seeks security for costs against a company plaintiff. What must be proven?

Answer 5

A prima facie defence and that the company cannot pay costs.

Question 6

[ENFORCEMENT] A company plaintiff argues its impecuniosity was caused by the defendant. What is the effect?

Answer 6

This may amount to special circumstances preventing security for costs.

Question 7

[ENFORCEMENT] A defendant fails to establish a prima facie defence in a security for costs application. What is the result?

Answer 7

The application will be refused.

Question 8

[ENFORCEMENT] A defendant delays applying for security for costs until late in proceedings. What is the likely effect?

Answer 8

The court may refuse the order due to delay constituting special circumstances.

Question 9

[ENFORCEMENT] A plaintiff resides in another EU Member State. Can security for costs be ordered solely on that basis?

Answer 9

No; there must be cogent evidence of difficulty enforcing judgment.

Question 10

[ENFORCEMENT] A plaintiff has substantial assets within the jurisdiction. How does this affect security for costs?

Answer 10

Security is unlikely as enforcement risk is low.

Question 11

[ENFORCEMENT] A plaintiff raises an issue of exceptional public importance. How does this affect security for costs?

Answer 11

It may constitute special circumstances justifying refusal.

Question 12

[ENFORCEMENT] A party seeks an interlocutory injunction. What full test applies?

Answer 12

Campus Oil: serious question, adequacy of damages, undertaking in damages, balance of convenience.

Question 13

[ENFORCEMENT] Damages are inadequate for both parties in an injunction application. What determines the outcome?

Answer 13

The balance of convenience.

Question 14

[ENFORCEMENT] A plaintiff refuses to give a cross-undertaking in damages. What is the likely result?

Answer 14

The injunction may be refused.

Question 15

[ENFORCEMENT] A plaintiff seeks a mandatory injunction. What threshold applies?

Answer 15

A strong case to be tried.

Question 16

[ENFORCEMENT] A plaintiff seeks an injunction in a defamation case. What is the court’s approach?

Answer 16

Reluctant to grant due to freedom of expression concerns.

Question 17

[ENFORCEMENT] A party seeks an injunction that would effectively determine the entire dispute. How does this affect the test?

Answer 17

Balance of convenience may not apply as the hearing is effectively final.

Question 18

[ENFORCEMENT] A defendant argues that an injunction would severely disrupt business operations. What stage is this relevant to?

Answer 18

Balance of convenience.

Question 19

[ENFORCEMENT] A plaintiff applies ex parte for a Mareva injunction. What must be shown?

Answer 19

Full and frank disclosure, a substantive claim, and a real risk of dissipation of assets to defeat judgment.

Question 20

[ENFORCEMENT] A defendant argues assets are being used in the ordinary course of business. Is this sufficient to resist a Mareva injunction?

Answer 20

Yes, as this does not show dissipation to defeat judgment.

Question 21

[ENFORCEMENT] A Mareva applicant fails to disclose a key adverse fact. What is the consequence?

Answer 21

The injunction may be discharged.

Question 22

[ENFORCEMENT] A plaintiff seeks an Anton Piller order. What must be established?

Answer 22

An extremely strong case, very serious damage, and a real risk of destruction of evidence.

Question 23

[ENFORCEMENT] A plaintiff seeks both summary judgment and, alternatively, security for costs. How should the court proceed?

Answer 23

First assess summary judgment; if a defence exists, then consider security for costs.

Question 24

[ENFORCEMENT] A defendant argues both that there is no defence and that the plaintiff cannot pay costs. What issue arises?

Answer 24

The arguments are inconsistent, as one assumes no trial and the other assumes proceedings continue.

Question 25

[ENFORCEMENT] A plaintiff rejects a PIAB assessment and later recovers less at trial. What is the consequence?

Answer 25

Adverse costs consequences.

Question 26

[ENFORCEMENT] A plaintiff seeks security for costs on appeal. What must the court consider?

Answer 26

Whether the interests of justice require the order.

Question 27

[ENFORCEMENT] A plaintiff seeks an injunction and damages simultaneously. How does this affect the analysis?

Answer 27

The court will assess adequacy of damages before granting the injunction.

Question 28

[ENFORCEMENT] A plaintiff argues refusal of an injunction would cause irreparable harm while the defendant would suffer only financial loss. What is the likely outcome?

Answer 28

The injunction is likely to be granted.

Question 29

[ENFORCEMENT] A defendant opposing amendment argues the claim will fail. Is this relevant in summary judgment?

Answer 29

Yes; summary judgment considers whether a defence exists, unlike amendment applications.

Question 30

[ENFORCEMENT – SUMMARY JUDGMENT] What is summary judgment and when is it used?

Answer 30

A procedure to obtain judgment without trial where there is no bona fide defence.

Question 31

[ENFORCEMENT – SUMMARY JUDGMENT] What is the full test for granting summary judgment?

Answer 31

Whether there is a fair or reasonable probability of the defendant having a bona fide defence.

Question 32

[ENFORCEMENT – SUMMARY JUDGMENT] What is the consequence if a bona fide defence is established?

Answer 32

The defendant is granted leave to defend.

Question 33

[ENFORCEMENT – SUMMARY JUDGMENT] What is meant by a “liquidated sum”?

Answer 33

A fixed or readily ascertainable sum of money.

Question 34

[ENFORCEMENT – SUMMARY JUDGMENT] What is the procedural route where a defendant enters an appearance to a summary summons?

Answer 34

The plaintiff must apply by motion for liberty to enter final judgment.

Question 35

[ENFORCEMENT – SUMMARY JUDGMENT] What is the role of the Master in summary judgment applications?

Answer 35

To hear uncontested applications; loses jurisdiction if contested.

Question 36

[ENFORCEMENT – SECURITY FOR COSTS] What is security for costs?

Answer 36

An order requiring a plaintiff to provide security to cover the defendant’s legal costs if the claim fails.

Question 37

[ENFORCEMENT – SECURITY FOR COSTS] What is the full test for security for costs against an individual plaintiff?

Answer 37

A prima facie defence and absence of special circumstances.

Question 38

[ENFORCEMENT – SECURITY FOR COSTS] What is the full test for security for costs against a corporate plaintiff?

Answer 38

A prima facie defence and inability of the company to pay costs.

Question 39

[ENFORCEMENT – SECURITY FOR COSTS] What are “special circumstances” in security for costs applications?

Answer 39

Factors justifying refusal, such as defendant-caused impecuniosity, delay, or public importance.

Question 40

[ENFORCEMENT – SECURITY FOR COSTS] What is the procedural step before applying for security for costs?

Answer 40

The defendant must first seek an undertaking from the plaintiff.

Question 41

[ENFORCEMENT – SECURITY FOR COSTS] What happens if the plaintiff fails to provide an undertaking for security?

Answer 41

The defendant may apply to the court by motion on notice.

Question 42

[ENFORCEMENT – SECURITY FOR COSTS] Who determines the amount of security?

Answer 42

The Master of the High Court.

Question 43

[ENFORCEMENT – SECURITY FOR COSTS] What is the consequence of failing to provide ordered security?

Answer 43

The proceedings may be dismissed.

Question 44

[ENFORCEMENT – INJUNCTIONS] What is an interlocutory injunction?

Answer 44

A temporary order preserving the status quo pending trial.

Question 45

[ENFORCEMENT – INJUNCTIONS] What is the full Campus Oil test?

Answer 45

Serious question, adequacy of damages, adequacy of undertaking, and balance of convenience.

Question 46

[ENFORCEMENT – INJUNCTIONS] What is the purpose of the balance of convenience test?

Answer 46

To determine which course minimises injustice pending trial.

Question 47

[ENFORCEMENT – INJUNCTIONS] What is a cross-undertaking in damages?

Answer 47

A promise to compensate the respondent if the injunction is wrongly granted.

Question 48

[ENFORCEMENT – INJUNCTIONS] When is a mandatory injunction granted?

Answer 48

Where there is a strong case to be tried.

Question 49

[ENFORCEMENT – INJUNCTIONS] What is a Mareva injunction?

Answer 49

An order restraining a defendant from dissipating assets.

Question 50

[ENFORCEMENT – INJUNCTIONS] What is the purpose of an Anton Piller order?

Answer 50

To prevent destruction of evidence.

Question 51

[ENFORCEMENT – INJUNCTIONS] What is the key requirement in ex parte injunction applications?

Answer 51

Full and frank disclosure.

Question 52

[ENFORCEMENT – INJUNCTIONS] What is meant by “full and frank disclosure”?

Answer 52

Disclosure of all material facts, including adverse ones.

Question 53

[ENFORCEMENT – INJUNCTIONS] What is the key distinction between Mareva and Anton Piller orders?

Answer 53

Mareva protects assets; Anton Piller protects evidence.

Question 54

[ENFORCEMENT – COSTS] What is the general rule regarding costs in civil litigation?

Answer 54

Costs follow the event.

Question 55

[ENFORCEMENT – COSTS] What is the consequence of rejecting a reasonable settlement or PIAB assessment?

Answer 55

Adverse costs consequences.

Question 56

[ENFORCEMENT – APPEALS] What is the test for security for costs on appeal?

Answer 56

Whether the interests of justice require the order.

Question 57

[ENFORCEMENT – GENERAL] What is the underlying purpose of enforcement-related procedures?

Answer 57

To ensure efficient resolution of disputes while protecting parties from unfair litigation risk.