Victoria Capital Trust v Aaron John Emmett & Anor

Victoria Capital Trust v Aaron John Emmett & Anor

Mrs Bandak has no real prospect of successfully defending the claim as there was no relationship of presumed undue influence, she received independent legal advice, and the Guarantee was not to her manifest disadvantage. She was on notice of the claim and did not act promptly to protect her position. The requirements of CPR r.13.3 and Etridge were satisfied; therefore, the default judgment stands.

Parties
Claimant/respondent: Victoria Capital Trust; First Defendant: Aaron John Emmett; Second Defendant/applicant: Anita Emmett (now Anita Bandak)
Jurisdiction
England and Wales
Judgment Date
30 July 2025
Procedural Posture
Commercial Debt Recovery / Application to Set Aside Default Judgment
Outcome
Application refused
Legal Topics
Personal Guarantee, Undue Influence, Default Judgment, Relief From Sanctions, Service of Process
Contract Law Civil Procedure Equity Personal Guarantee Undue Influence Default Judgment Relief From Sanctions Service of Process

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Parties

Victoria Capital Trust

Claimant/respondent

Aaron John Emmett

First Defendant

Anita Emmett (now Anita Bandak)

Second Defendant/applicant

Procedural Posture

Commercial Debt Recovery / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against Mrs Bandak should be set aside under CPR r.13.3
  2. 2 Whether Mrs Bandak has a real prospect of successfully defending the claim based on undue influence
  3. 3 Whether there is some other good reason to set aside the default judgment

Ratio Decidendi

Mrs Bandak has no real prospect of successfully defending the claim as there was no relationship of presumed undue influence, she received independent legal advice, and the Guarantee was not to her manifest disadvantage. She was on notice of the claim and did not act promptly to protect her position. The requirements of CPR r.13.3 and Etridge were satisfied; therefore, the default judgment stands.

Court Disposition

Application refused

Orders

  • Default judgment against Mrs Bandak stands
  • Mrs Bandak to pay VCT’s costs of and incidental to the Application, to be assessed if not agreed