Yesterday one of our matters went to trial before Supreme Judge Allanson. It is rare thing. Only about two per cent of Supreme Court cases go to trial, and that is the same for all of our commercial disputes. The other 98% settle, usually with the assistance of a mediator.
This trial was unusual, because we were defending, but had a substantial counter claim, and the plaintiff failed to turn up.
Instead of seeking default judgment, we proceeded with our evidence and:
(a) had the claim dismissed with costs payable to us by the plaintiff;
(b) obtained an order requiring a caveat to me removed from our client’s property; and
(c) believe that we convinced the judge of the majority, if not all, of our counter claim, but he reserved his judgment in that regard.
The reason we did not opt for default judgment is that it is a lot harder to set aside a judgment if the evidence has been heard.
For assistance with resolving commercial disputes by mediation, or occasionally by going to trial, Michael Paterson & Associates can assist.