Associated Installations Limited v All Asbestos Limited
The default judgment was set aside and the interim third party debt order discharged because, although the Defendant failed to demonstrate a real prospect of defending the claim due to procedural deficiencies and lack of evidence, the seriousness and complexity of the claim, potential counterclaims, and proportionality justified allowing the matter to proceed to trial. Relief from sanctions was granted, with costs awarded against the Defendant.
Source excerpt
- Default judgment
- Relief from sanctions
- Third party debt order
- Fraudulent enforcement
- Set aside judgment
- Costs assessment