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The Court of Appeal dismissed the appeal, holding that ordinary service was sufficient, the Miracle Feeds test applied, and no reversible error was shown.
The Court of Appeal refused to extend time to appeal a chambers decision about default judgment, finding the delay, lack of notice, and limited merit weighed against relief.
The court set aside default judgments against two self-represented defendants, finding their delay understandable and relief justified while the pleading was still defective.
The Court of Appeal dismissed an appeal about service, written summary trial procedure, and reconsideration in a bitcoin sale dispute.
On default judgment, the court awarded Paragon damages, disgorgement of profits, a permanent injunction, and punitive damages for copyright and trademark infringement.
The motion judge’s findings that the appellant failed to provide an adequate explanation for his default, did not raise an arguable defence, and that setting aside the judgment would prejudice the respondent and undermine the administration of justice were supported by the record; accordingly the motion to set aside the default judgment was properly refused and the appeal is dismissed.
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The Federal Court dismissed a motion to set aside a default judgment, finding the defendants gave no reasonable explanation for failing to defend the copyright action.
The court granted Michael Publicover’s application to set aside a default judgment, finding no willful default, prompt action after notice, and a defence worthy of investigation.
The court set aside a default judgment against Yong Hua Chen after finding the affidavit of service failed to show how the process server identified him.
Because the defendants did not notify the claimant of their application as required by s.23(2), the adjudicator would not set aside the default order without a hearing; instead the adjudicator ordered compliance with procedural steps and scheduled a hearing to decide the set-aside application.
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