MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Which of the following descriptions regarding the circumstances in which a claimant may
obtain a default judgment is/are CORRECT?
(i) Where the defendant has satisfied the whole claim (including any claim for
costs) upon which the claimant is seeking judgment.
(ii) Where the defendant has failed to file a defence or an acknowledgment of
service and the relevant time limit for doing so has expired.
(iii) Where the defendant has filed an acknowledgment of service but has not filed
a defence and the relevant time limit for doing so has expired.
(iv) Where the claim is for delivery of goods subject to a Consumer Credit Act
Agreement.
Select ONE of the following:
[A] (ii) and (iii) only.
[B] (i) and (ii) only.
[C] (i), (ii) and (iii).
[D] (ii), (iii) and (iv).
[[A] is the CORRECT answer. See CPR Rules 12.3(1) and 12.3(2) in White Book 2016 regarding
statements (ii) and (iii). Note that statements (i) and (iv) are NOT correct - see CPR Rules 12.3(3)
(b) and 12.2(a) respectively.
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,Question 2
Fiddle Limited recently issued proceedings against Dodd & Co Limited for breach of contract.
The Claim Form and Particulars of Claim were served on Dodd & Co Limited on 27 July. On 5
August Fiddle Limited entered judgment in default of the service of an acknowledgment of
service. Which ONE of the following statements is CORRECT?
[A] The court may set aside the default judgment if Dodd & Co Limited can show a triable
issue.
[B] The court may set aside the default judgment if Dodd & Co Limited has no real
prospect of successfully defending the claim and no other good reason why the
judgment should be set aside or why they should be allowed to defend the claim.
[C] The court must set aside the default judgment because the time limit for the service
of an acknowledgement of service or a defence had not expired.
[D] The court must set aside the default judgment if Dodd & Co Limited has a real
prospect of successfully defending the claim.
[[C] is CORRECT. This is because 14 days have not passed since the claim form and
particulars of claim were served on 27 July. See CPR Rules 13.2, 12.3(1), 10.3(1) and 15.4(1)
in White Book 2016.]
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,Question 3
Sally was injured at Neverland Zoo when a crocodile ran up the side of its pit and bit her in
the face as she was leaning over to take a photograph of it. She issued and served
proceedings against Neverland Zoo for damages for personal injury including nervous shock.
The Zoo has failed to file an acknowledgment of service or a defence within the relevant time
limit.
She now wishes to apply for default judgment. Which ONE of the following statements is
CORRECT?
[A] She can obtain default judgment by filing a request in the relevant practice form.
[B] She must apply to the court for default judgment, in accordance with Part 23.
[C] She will not be entitled to default judgment because her claim is for an amount that
is yet to be decided.
[D] The court must set aside any default judgment if Neverland Zoo demonstrates a real
prospect of successfully defending the claim or there is some other good reason why
the judgment should be set aside or why Neverland Zoo should be allowed to defend
the claim. [The court may,
[[A] is CORRECT. This is because the claim by Sally is for an amount of money to be decided
by the court. See CPR Rules 12.3 and 12.4(1) (b) in the White Book 2016.]
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, Question 4
7 days have passed since the day on which a claim form and particulars of claim for damages
for negligent advice were deemed to have been served on Rosa, a financial adviser. Assuming
that the Claim Form and Particulars of Claim were deemed to have been served on the same
day, which ONE of the following statements is WRONG?
[A] She now has up to 7 days to file a defence, if she decides not to file an
acknowledgement of service first.
[B] She now has up to 7 days to file an acknowledgment of service.
[C] If she files an acknowledgment of service today, she has another 21 days within
which to file a defence.
[D] If she does not file an acknowledgment of service, she has another 14 days within
which to file a defence.
[[D] is WRONG and is therefore the CORRECT answer. Rosa has a further 7 days within which
to file a defence if she does not file an acknowledgement of service. See CPR Rule 15.4(1) (a)
in the White Book 2016.]
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ANSWERS
Bar Professional
Question 1
Which of the following descriptions regarding the circumstances in which a claimant may
obtain a default judgment is/are CORRECT?
(i) Where the defendant has satisfied the whole claim (including any claim for
costs) upon which the claimant is seeking judgment.
(ii) Where the defendant has failed to file a defence or an acknowledgment of
service and the relevant time limit for doing so has expired.
(iii) Where the defendant has filed an acknowledgment of service but has not filed
a defence and the relevant time limit for doing so has expired.
(iv) Where the claim is for delivery of goods subject to a Consumer Credit Act
Agreement.
Select ONE of the following:
[A] (ii) and (iii) only.
[B] (i) and (ii) only.
[C] (i), (ii) and (iii).
[D] (ii), (iii) and (iv).
[[A] is the CORRECT answer. See CPR Rules 12.3(1) and 12.3(2) in White Book 2016 regarding
statements (ii) and (iii). Note that statements (i) and (iv) are NOT correct - see CPR Rules 12.3(3)
(b) and 12.2(a) respectively.
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,Question 2
Fiddle Limited recently issued proceedings against Dodd & Co Limited for breach of contract.
The Claim Form and Particulars of Claim were served on Dodd & Co Limited on 27 July. On 5
August Fiddle Limited entered judgment in default of the service of an acknowledgment of
service. Which ONE of the following statements is CORRECT?
[A] The court may set aside the default judgment if Dodd & Co Limited can show a triable
issue.
[B] The court may set aside the default judgment if Dodd & Co Limited has no real
prospect of successfully defending the claim and no other good reason why the
judgment should be set aside or why they should be allowed to defend the claim.
[C] The court must set aside the default judgment because the time limit for the service
of an acknowledgement of service or a defence had not expired.
[D] The court must set aside the default judgment if Dodd & Co Limited has a real
prospect of successfully defending the claim.
[[C] is CORRECT. This is because 14 days have not passed since the claim form and
particulars of claim were served on 27 July. See CPR Rules 13.2, 12.3(1), 10.3(1) and 15.4(1)
in White Book 2016.]
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,Question 3
Sally was injured at Neverland Zoo when a crocodile ran up the side of its pit and bit her in
the face as she was leaning over to take a photograph of it. She issued and served
proceedings against Neverland Zoo for damages for personal injury including nervous shock.
The Zoo has failed to file an acknowledgment of service or a defence within the relevant time
limit.
She now wishes to apply for default judgment. Which ONE of the following statements is
CORRECT?
[A] She can obtain default judgment by filing a request in the relevant practice form.
[B] She must apply to the court for default judgment, in accordance with Part 23.
[C] She will not be entitled to default judgment because her claim is for an amount that
is yet to be decided.
[D] The court must set aside any default judgment if Neverland Zoo demonstrates a real
prospect of successfully defending the claim or there is some other good reason why
the judgment should be set aside or why Neverland Zoo should be allowed to defend
the claim. [The court may,
[[A] is CORRECT. This is because the claim by Sally is for an amount of money to be decided
by the court. See CPR Rules 12.3 and 12.4(1) (b) in the White Book 2016.]
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, Question 4
7 days have passed since the day on which a claim form and particulars of claim for damages
for negligent advice were deemed to have been served on Rosa, a financial adviser. Assuming
that the Claim Form and Particulars of Claim were deemed to have been served on the same
day, which ONE of the following statements is WRONG?
[A] She now has up to 7 days to file a defence, if she decides not to file an
acknowledgement of service first.
[B] She now has up to 7 days to file an acknowledgment of service.
[C] If she files an acknowledgment of service today, she has another 21 days within
which to file a defence.
[D] If she does not file an acknowledgment of service, she has another 14 days within
which to file a defence.
[[D] is WRONG and is therefore the CORRECT answer. Rosa has a further 7 days within which
to file a defence if she does not file an acknowledgement of service. See CPR Rule 15.4(1) (a)
in the White Book 2016.]
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