Dunkley, Kurt v Dwight Levy

Court:

Court of Appeal

Subject:

Civil Practice

Keyword(s):

(Considered on paper pursuant to rule 2.4(3) of the Court of Appeal Rules 2002)

Catchwords:

Civil Practice and Procedure-Default Judgment-Application to set aside default judgment-Negligence claim-Motor vehicle collision-Whether the appellant satisfied the threshold test for the setting aside of default judgment-Defence with a real prospect of success-Whether application made to the court as soon as reasonably practicable-Whether good explanation for delay in filing acknowledgement of service and defence-Whether prejudice in setting aside default judgment outweights real prospect of success of the defence-Civil Procedure Rules, (2002), rules 13.2(a) and (b) and 13.3(1)

File: