Read the full judgment text of HCA 002704/1995 on BabelCite. This High Court CFI judgment was delivered on 5 January 1996.
1. In March 1995, the respondent issued a writ against the appellant to recover $1 million being, it was claimed, a loan made to the appellant by the respondent and not repaid. Service was effected by post pursuant to the rules and when no notice of intention to defend was filed, judgment in default was entered. Subsequently, the envelope containing the writ was returned to the respondent's solicitors and, very properly, the respondent had the default judgment set aside.