Q&As

Does the court have jurisdiction to consider a second application to set aside default judgment?

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Published on LexisPSL on 14/03/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Does the court have jurisdiction to consider a second application to set aside default judgment?

Does the court have jurisdiction to consider a second application to set aside default judgment?

This issue was considered by the High Court (Cox J) in Samara.

In that case, the first defendant's application to set aside default judgment was dismissed by a master (in essence, for lack of promptness), whose decision was upheld by Silber J on appeal. No permission was sought to appeal the judgment upholding the master's decision. The first defendant then made a further application to set aside default judgment under CPR 13.3.

One of the issues for the court was whether the court has jurisdiction to consider a second application to set aside default judgment. Counsel for the first defendant submitted that it was possible to launch a fresh application under CPR 13.3 by reference to CPR 3.1(7), relying on Thevarajah and Tibbles. It was also submitted

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