Interim Applications

Question 1

What are some uses of interim applications?

Answer 1

a) ensure compliance with procedural matters
b) request more time
c) to assit in trial prep
d) to consider penalties

Question 2

What should be done before an application for an interim order is made?

Answer 2

The parties should seek to resolve matters between themselves

Question 3

How should a party make an application for an interim order?

Answer 3

via application notice on form N244

Question 5

What must an application notice set out?

Answer 5

a) what order is being sought
b) why this order is being sought
“O.R.”

Question 6

What must be attached to the application notice?

Answer 6

A the draft of the order sought

Question 7

When must an application notice be served on the other parties ?

Answer 7

At least 3 days before the court hearing

Question 8

When can an application for interim order be made without notice?

Answer 8

a) where there is exceptional urgency
b) if the overriding objective would be best achieved by making it

Question 9

What must be filed with an order on application without notice?

Answer 9

a) court order
b) the app notice
c) supporting evidence

Question 10

How long does the respondent have to vary / set aside an order made against them?

Answer 10

7 days of service of the order

Question 11

What is an order for “named party’s” costs?

Answer 11

a) when there is a clear winner i.e., where C succeeds in their app for summary judgement

Question 12

When will an order for costs in the case apply?

Answer 12

• the overall loser will be responsible
• made where judge makes a conditional order for example

Question 13

When will the judge make no order as to costs?

Answer 13

Where the outcome of the interim app is effectively a draw

Question 14

When may a party apply for summary judgement?

Answer 14

a) considers the party has no real prospect of succeeding in claim / defence and;
b) no other compelling reason to go to trial

Question 15

What constitutes a case that has no real prospect of success?

Answer 15

Where the basis of a claim or defence is ‘merely fanciful, imaginary, unreal or intrinsically unrealistic’

Question 16

How is an application for summary judgement made and what is filed with it?

Answer 16

On form N244 with
a) witness statement
b) draft of order sough

Question 17

What must the respondent do when challenging an application for summary judgement?

Answer 17

file & serve any written evidence at least 7 days before hearing

Question 18

How much notice should the respondent be given on application for summary judgement?

Answer 18

14 days notice of the hearing date

Question 19

What are the possible orders the judge may make on application for summary judgement?

Answer 19

a) C succeeds
b) striking out / dismissal of claim
c) dismissal of application
d) conditional order

Question 20

What costs order will be made if C succeeds in the order for summary judgement for a specified sum?

Answer 20

D pays C’s costs

Question 21

What costs order will be made if C succeeds in the order for summary judgement for an unspecified sum?

Answer 21

Winner granted their costs

Question 22

What costs order will be made if D succeeds in the order for summary judgement?

Answer 22

C pays D’s costs for the whole claim

Question 23

What costs order will the judge make if the application is dismissed?

Answer 23

Unsuccessful party will pay the costs of the summary judgement hearing

Question 24

How is breach of injunction punishable?

Answer 24

As a contempt of court

Question 25

When can an interim injunction be sought?

Answer 25

a) any time after proceedings have been commenced b) sometimes before proceedings

Question 26

In what circumstances will an interim injunction be granted before a claim is made?

Answer 26

a) the matter is urgent or; b) it is otherwise desirable in the interests of justice

Question 27

What is a prohibitory injuction?

Answer 27

An injunction to restrain D from taking certain steps

Question 28

What is a mandatory injunction?

Answer 28

Requires D to take positive action

Question 29

What guidelines will the court follow in deciding whether to grant an interim prohibitory injunction (SABU)?

Answer 29

a) seriousness of the issue b) adequacy of damages c) balance of convenience d) undertaking in damages **SABU**

Question 30

What is an example scenario of balancing the interests when considering interim prohibitor injuctions?

Answer 30

a) C wants the injunction to prevent further loss of profits b) D provides evidence that it will go out of business if the injunction is granted c) If the injunction is denied, although C may loose profits, both will continue to trade

Question 31

What is the procedure for applying for an interim injuction?

Answer 31

a) application notice b) witness statement c) draft order

Question 32

What are the outcomes for an application for injunction without notice?

Answer 32

a) court fixes a date for further hearing in which D can object b) D is told via the injunction that they can object

Question 33

What are examples of injunctions that can be made without notice?

Answer 33

a) freezing injunctions b) search orders

Question 34

What is an interim payment?

Answer 34

An advance payment on account of any damages, debts or other sum

Question 35

When is the earliest that an interim payment can be sought?

Answer 35

After the time of filing an acknowledgement has expired

Question 36

When must an application notice for an interim payment be made?

Answer 36

At least 14 days before the hearing date

Question 37

What must the evidence served with the application for an interim payment deal with?

Answer 37

a) the amount requested b) what it will be used for c) amount likely to be awarded d) reasons that one of the conditions is satisfied e) other relevant matters

Question 38

What are the conditions for the court to make an interim payment order (AJC)?

Answer 38

a) admission by D b) judgement already entered c) clear win likely **AJC "A Jolly Claim"**

Question 39

Once a condition for interim payment has been satisfied, what two questions will the court consider?

Answer 39

a) should an order be made? b) If so, what should the amount be? (max 75% of the likely final award)