Judgments, Orders and Enforcement
Judgments, orders and enforcement
This domain tests how a court finalizes a case and how a successful party collects. Expect questions on default judgment, summary judgment, res judicata, issue estoppel, setting aside orders and enforcement mechanisms.
Core rules
- A judgment determines the substantive rights; an order directs a party to do or refrain from doing something. Default judgment may be entered if a defendant fails to respond, but it can be set aside on showing a defence with merit and a reasonable explanation for the default.
- Res judicata prevents relitigation of the same cause of action. Issue estoppel prevents relitigation of an issue decided in earlier proceedings.
- Enforcement tools include garnishment of debts owed to the debtor, writs of seizure and sale, examination in aid of execution and contempt proceedings for breach of orders.
- A judgment creditor cannot enforce before the judgment is final and enforceable, subject to stay.
Worked example
A defendant is noted in default because the claim was served at an old address. The defendant moves to set aside the default judgment, showing a meritorious defence. The court sets aside the judgment because service was inadequate and the defendant moved promptly, with a real defence to the claim.
Traps
- Enforcing an order that is under appeal without a stay.
- Assuming default judgment is final and immune from set-aside.
- Garnishing a debt that the garnishee does not owe.
- Ignoring limitation periods for enforcement.