| (a) |
Default judgment |
|
|
| 109. |
As in other
jurisdictions, a large percentage of cases commenced in our system will meet no resistance
from the defendant and will be disposed of by a default judgment. Table 6
in Appendix C examines default judgments in relation to HCAs and cases on the Commercial
List (HCCL) and Construction and Arbitration List (HCCT). |
|
|
| 109.1 |
To take, for example,
the 22,482 HCA cases started during 1998, 11,156 were disposed of by default judgment
during the same year. |
|
|
| 109.2 |
A further 2,670 cases,
presumably mostly started towards the end of 1998, were disposed of in the same way during
1999, leaving only 164 cases, for whatever reason, to go by default in the year 2000. |
|
|
| 109.3 |
The pattern for cases
started in 1999 and 2000 is very similar, with about half disposed of by a default
judgment in the year in which they were started. For the 1999 cases, the pattern of
default judgments during the following year (2000) is again similar. Data for later years
is not yet available. |
|
|
| 109.4 |
It follows that about a
little over 60% of all HCA cases started can be expected to be disposed of by default
judgment. |
|
|
| 110. |
The position in
relation to Commercial List and Construction List cases is different. Within the first two
years of commencement, no more than about 20% of the case-load has ended in default
judgment. Actions brought in one of these specialist lists are therefore more likely to
fight. |
|
|
| (b) |
Summary judgment |
|
|
| 111. |
Table 7
of Appendix C sets out the numbers of cases disposed of by way of summary judgment in the
categories HCA, HCCL, HCAJ and HCPI. These show that summary judgment was obtained in 777,
772 and 252 cases as at the end of 2000 for cases started in 1998, 1999 and 2000
respectively. The vast preponderance of these were awarded in HCA cases. In the specialist
lists, they are rare. |
|
|
| 112. |
The figures indicate
that in 1998 (after 30 March 1998), 1999 and 2000, there were altogether 1,802, 2,738 and
1,662 applications made for summary judgment respectively. This gives a success rate of
about 43% in 1998 and only 28% in 1999 (although it is possible that a further number of
summary judgments might eventuate in 2001). The figures for 2000 are low perhaps because
applications were still pending at the time these figures were obtained. |
|
|
| 113. |
Table 8
in Appendix C quantifies the cases disposed by way of summary judgment against the overall
case-load. The figures are low, with less than 4% even for HCAs, leading to summary
judgment. This indicates that summary judgment does not represent a significant mode of
disposing of cases at present. |
|
|
| (c) |
Inactive cases |
|
|
| 114. |
Cases which are not
resolved by default or summary judgment may be expected to run on to conclusion of the
trial or to settle at some point before then. However, this is not always the case. A
significant percentage of cases remain dormant. Thus, as Appendix C, Table 9
shows, of the HCA and HCPI cases begun in 1998, as at 31 December 2000, 5,979 HCAs (27%)
were inactive, "inactivity" defined to cover cases not known to have been
concluded, but in respect of which no case event (eg, a hearing or filing of a document)
has occurred for one year or more. The figure for such inactive HCAs instituted in 1999
was 3,702 (19%). In personal injury cases, the comparable percentages for actions started
in 1998 and 1999 are 41% and 9% respectively. Many of these may in fact have settled or
been abandoned by the plaintiff and so actually have been disposed of. However, they
remain on the court's books. |
|
|
| (d) |
Cases listed for
trial |
|
|
| 115. |
The percentage of cases
which proceed to the point of being listed for trial varies greatly depending on the
nature of the case. Appendix C, Table 10 examines the figures (as at 31
December 2000) for cases started in 1998 which had obtained a trial listing. As the Table
shows, with HCAs, the percentage reaching a listing was very small, only some 1.7% as at
31 December 1998. The overall percentage was about 3%, but with much higher percentages
for constitutional and administrative law (42%) and personal injury (26.5%) cases.
However, as noted in Table 15 of Appendix C discussed below, a large
proportion of actions, particularly personal injury actions, that are listed, settle at
the courtroom door or after start of the trial. |
|
|
| 116. |
Table 11 in
Appendix C looks at HCA and HCPI cases begun in the three relevant years and disposed of
by the end of 2000, seeking to identify the modes of disposal. A considerable number of
cases end by withdrawal or discontinuance and also as a result of non-compliance with
unless orders. |
