High court search / Fillings

hsq

Good afternoon I was just wondering if any of you could help me with what certain terms mean which arise when I search for a particular listing on the court services High court search page. I am legally inept but would appreciate any help anyone could offer me with trying to understand what they mean.

Anyway when I search for a particular case and then proceed into the listings section of the search the details are as follows in the column.

Date Number Title Solicitor


28-02-2012 0 Default Judgement

SAME as above 0 Cert of No appearance

SAME as above 0 Affidavits Depondent(Name)

SAME as above 0 Affidavit of service


Sorry I Hope it is clear enough and someone can just help me understand what it all means.

Thank you in advance for all/any help,I greatly appreciate it.

Kind Regards.

dermot_sheehan

Judgement was got in the High Court central office on foot of a summary summons for which an appearance wasn't entered.

In layman's terms, a summons was served claiming a particular sum of money as due and owing, an affidavit was filed proving service of that summons, since the defendant didn't file in the central office a court document called an "appearance" indicating they intend to contest the proceedings, the High Court central office entered judgement for the plaintiff since the matter wasn't contested.

The other affidavit other than the affidavit of service is the affidavit of debt where someone on the part of the plaintiff swears that the money is due and owing.

hsq

Thank you Dermot for your help but just to clarify in very simple terms, does the listing information essentially mean that the Defendent did not contest the case brought against him (for monies owed) by the plaintiff and therefore admits liability and so in essence agrees to resolve the issue without it actually appearing before a court sitting or am I totally off the meaning of the information you furnished me with.

Sorry for the extreme ignorance.
Thank you for help.

Tom Young

He has answered your question. Judgment was obtained in the absence of an appearance, etc.

hsq

Oh ok sorry,so the case did appear before court and because no appearance was made by the defendant then they made a judgment anyway on the case?Default judgement most likely conveys they judged in favour of the plaintiff for monies owed etc,could I be right by saying that?

Thank you and sorry for annoyance with all the questions.

Tom Young

Judgment was entered in the Central Office. No judge was involved.

hsq

So the overall conclusion is a judgement is made and the matter will not be entered in in front of an actual Judge

Tom Young

A default judgment arises when the Defendant makes no effort, on notice to do anything in relation to the proceedings.

The Judgment is entered in the Central Office of the High Court. Not in a Court, not by a Judge, but by a Court Service official on satisfaction that the various proofs are in order.