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Guardsman Alarms Limited v Graymill Engineering Limited and Noel Gray

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