Court:
Supreme Court
Catchwords:
Practice and Procedure-Application to set aside default judgment Rule 13.3 of the CPR
A real prospect of successfully defending a claim cannot be demonstrated by vacuous assertions, supported by nothing more than the Defendant's oaths;
The burden is on the Defendants to place before the court such material as will enable the Court to say whether they applied as soon as was reasonable practicable;
In considering R. 13.3(1)(b) the court is required to evaluate the bona fides of the explanation, in the sense of, is it genuine or satisfactory? Which is a much lower standard than, is it reasonable?
Document Type:
Year:
2009
Suit/Claim number:
HCV00 113 of 2007