2 Jun 2015
BADREYA HABIB ALI KHADEM t/a BRIGHT STAR RAW MATERIALS v. RAMSTAR TECH LTD
- Citation
- BADREYA HABIB ALI KHADEM t/a BRIGHT STAR RAW MATERIALS v. RAMSTAR TECH LTD
- Court
- District Court
- Case number
- DCCJ3384/2014
Defendant failed to show a real prospect of success to set aside the regular default judgment because the court found on balance that the defendant knew or had blind-eye knowledge of the payer's mistake by 11 August 2014, acted in bad faith by failing to inquire and by remitting substantial funds onward, so the change of position defence is unavailable and restitution to plaintiff is required; accordingly the setting aside application is dismissed.