Recovery Management v La Haule Farm [2011] JRC 051A (07 March 2011)

Recovery Management v La Haule Farm [2011] JRC 051A (07 March 2011)

The appellant failed to disclose any reasonable defence to the respondent's claim, which is a threshold requirement for setting aside a default judgment. Without a proper defence, leave to appeal must be refused.

Citation
[2011] JRC 051A
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
07 March 2011
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Against Order Refusing to Set Aside Default Judgment
Outcome
leave to appeal refused
Legal Topics
Default Judgment, Setting Aside Judgment, Leave to Appeal
Civil Procedure Default Judgment Setting Aside Judgment Leave to Appeal

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Against Order Refusing to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the appellant has disclosed a proper defence to the substantive claim
  2. 2 Whether there is good reason for the appellant's failure to attend court
  3. 3 Whether the default judgment should be set aside

Ratio Decidendi

The appellant failed to disclose any reasonable defence to the respondent's claim, which is a threshold requirement for setting aside a default judgment. Without a proper defence, leave to appeal must be refused.

Court Disposition

leave to appeal refused