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Rules of the Superior Courts

Appendix: E

Judgment


Forms:
No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6 ¦ No.7 ¦ No.8 ¦ No.9 ¦ No.10

O. 41, r. 19

No. 1.

DEFAULT OF APPEARANCE OR DEFENCE IN CASE OF LIQUIDATED DEMAND.

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THE HIGH COURT.


19

No.

Between A. B.,

Plaintiff,

and C.D.,

Defendant.

30th November, 19....

The defendant C.D. not having appeared to the summons herein (or not having delivered a defence), it is this day adjudged that the plaintiff recover against the defendant £ .... and costs, to be taxed.


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No. 2.

DEFAULT OF APPEARANCE OK DEFENCE IN ACTION FOR RECOVERY OF LAND.

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[Heading as in Form No. 1].


30th November, 19....

The defendant, C.D. not having appeared to the summons herein (or not having delivered a defence) it is this day adjudged that the plaintiff recover possession of the land in the indorsement on the summons described as ....... and costs, to be taxed.


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No. 3.

DEFAULT OF APPEARANCE IN CASES OTHER THAN LIQUIDATED DEMAND.

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[Heading as in Form No. 1].


30th November, 19 .

On the application of the plaintiff's solicitor it is ordered that the plaintiff be at liberty to enter judgment in default of appearance for the relief claimed in the originating summons herein.

Registrar.


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No. 4.

JUDGMENT IN PURSUANCE OF ORDER.

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[Heading as in Form No. 1].


30th November, 19 .

Pursuant to the order of ....... dated ....., 19...,

whereby it was ordered

It is this day adjudged that the plaintiff recover against the defendant £... and costs to be taxed.

The above costs have been taxed and allowed at £... as appears by the Taxing Master's certificate dated the ... day of ....., 19....


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No. 5.

JUDGMENT AFTER TRIAL IN CLAIMS FOR DEBT OR DAMAGES.

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[Heading as in Form No. 1].


30th November, 19 .

The action having on the 12th and 13th November, 19..., being tried before the Honourable Mr. Justice ....... [with a jury and the jury having found] (state findings as in Registrar's certificate), and the said Mr. Justice ....... having ordered that judgment be entered for the plaintiff for £... and costs [or as the case may be] it is this day adjudged that the plaintiff recover against the defendant £... and £... for his costs (or that the action be dismissed and that the defendant recover against the plaintiff £... for his costs.)


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No. 6.

JUDGMENT FOR DEFENDANT'S COSTS ON DISCONTINUANCE.

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[Heading as in Form No. 1].


30th September, 19....

The plaintiff having by a notice in writing dated the ... day of ..... 19..., wholly discontinued this action (or withdrawn his claim in this action for or withdrawn so much of his claim in this action as relates to ....... or as the case may be) it is this day adjudged that the defendant recover against the plaintiff costs to be taxed.

The above costs have been taxed and allowed at £... as appears by the Taxing Master's certificate dated the ... day of ......


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No. 7.

JUDGMENT FOR PLAINTIFF'S COSTS AFTER CONFESSION OF DEFENCE.

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[Heading as in Form No. 1].


30th November, 19....

The defendant in his defence herein having alleged a ground of defence which arose after the commencement of this action, and the plaintiff having on the ... day of ..... 19..., delivered a confession of that defence, it is this day adjudged that the plaintiff recover against the defendant costs to be taxed.

The above costs have been taxed and allowed at £... as appears by the Taxing Master's certificate, dated the ... day of ....., 19....


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No. 8.

JUDGMENT FOR COSTS AFTER ACCEPTANCE OF MONEY PAID INTO COURT.

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[Heading as in Form No. 1].


30th November, 19 .

The defendant having paid into Court in this action the sum of £... in satisfaction of the plaintiff's claim, and the plaintiff having by his notice dated the ... day of ......, 19..., accepted that sum in satisfaction of his entire cause of action, and the plaintiff's costs herein having been taxed, and the defendant not having paid the same within forty-eight hours after the said taxation, it is this day adjudged that the plaintiff recover his taxed costs against the defendant.

The above costs have been taxed and allowed at £... as appears by the Taxing Master's certificate dated the ... day of ....., 19....


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No. 9.


O. 22, r. 10

CERTIFICATE AFTER TRIAL—MONEY TO BE PAID INTO COURT (OR TRANSFERRED) AND INVESTED FOR INFANT.

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[Follow Form No. 9 and proceed:—]

And upon reading the certificate of birth of the said infant plaintiff from which it appears that he was born on [date].

The Judge further directed [Follow as in Form No. 11 from (ii) onwards].


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No. 10.


O. 22, r. 10

ORDER APPROVING COMPROMISE OF ACTION ON BEHALF OF INFANT.

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[Heading as in summons].


Upon hearing [counsel] for the plaintiff and [counsel] for the defendant, and on reading [documents and dates] and the consent [date and signatures] and the certificate of the birth of the infant plaintiff from which it appears that he was born on [date]

It is ordered

(i) that the terms of settlement arrived at between the parties and embodied in the said consent be approved, and that such consent be received [and made a rule of court] and be filed with and deemed to be part of this order;

(ii) that the defendant do forthwith pay into Court to the credit of the action and separate credit of the infant plaintiff the sum of £...

(iii) that out of the money in Court that the sum of £... be paid to ....... (in satisfaction of the hospital medical and other expenses);

(iv) [if necessary] that the plaintiff's costs be taxed as between party and party;

(v) that the balance of the said monies be invested and the dividends thereon be accumulated (or, as and when they accrue be paid to ..... to be expended solely for the benefit of the infant) during the minority of the infant or until further order;

(vi) that unless otherwise ordered when the said [infant] attains the age of twenty-one years, and upon production to the Accountant of the Courts of Justice of satisfactory evidence of life, the said investment be transferred or sold and the proceeds of sale thereof be paid out of Court to him or as he shall direct;

(vii) [where ordered] that future applications in regard to the funds in Court be made to the Master of the High Court.


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