EBS ltd. v Dempsey [2019] IECA 277 (31 October 2019)

EBS ltd. v Dempsey [2019] IECA 277 (31 October 2019)

The appellant failed to discharge the burden of proof to show irregularity in service or a good defence, particularly by not seeking cross-examination of key witnesses where there was a conflict of affidavit evidence. The grounds advanced did not meet the threshold for setting aside the default judgment.

Citation
[2019] IECA 277
Parties
Respondent: EBS Limited; Appellant: Ann Dempsey
Jurisdiction
Ireland
Judgment Date
31 October 2019
Procedural Posture
Civil Appeal / Appeal From High Court Refusal to Set Aside Default Judgment
Outcome
appeal dismissed
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Burden of Proof, Consumer Protection Code
Civil Procedure Banking Law Default Judgment Service of Process Setting Aside Judgment Burden of Proof Consumer Protection Code

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Parties

EBS Limited

Respondent

Ann Dempsey

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the appellant was properly served with the summary summons
  2. 2 Whether the appellant had a good defence to the claim of EBS

Ratio Decidendi

The appellant failed to discharge the burden of proof to show irregularity in service or a good defence, particularly by not seeking cross-examination of key witnesses where there was a conflict of affidavit evidence. The grounds advanced did not meet the threshold for setting aside the default judgment.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; default judgment stands.