Read the full judgment text of HCA 002477/2005 on BabelCite. This High Court CFI judgment was delivered on 22 June 2006.
1. In an application to set aside default judgment, it is of utmost importance to remember that the burden is on the defendant to show by credible evidence that there is a real prospect of success of the defence. This is a higher threshold than showing triable issues in an Order 14 summons. In the present case, I additionally accept that the fault of legal advisers should not work to the prejudice of the defendant.