Merritts Properties Ltd -v- de Beurges Rosenthal 8-Nov-2006 [2006] JRC 158A (08 November 2006)

Merritts Properties Ltd -v- de Beurges Rosenthal 8-Nov-2006 [2006] JRC 158A (08 November 2006)

The court found that although the plaintiff complied with the rules for service, the defendant did not receive the summons before judgment. The defendant raised arguable defences regarding the sums claimed and the allocation of payments, and the court was not satisfied that there was no defence. Therefore, the judgment was set aside to allow the defendant to defend the claim.

Citation
[2006] JRC 158A
Parties
Defendant: Miss Rosenthal; Plaintiff: Merritts Properties Limited
Jurisdiction
Jersey
Judgment Date
08 November 2006
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment
Outcome
Judgment set aside
Legal Topics
Default Judgment, Service of Process, Guarantor Liability, Jurisdiction, Costs
Civil Procedure Contract Law Landlord and Tenant Default Judgment Service of Process Guarantor Liability Jurisdiction Costs

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Parties

Miss Rosenthal

Defendant

Merritts Properties Limited

Plaintiff

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside due to alleged non-service of summons
  2. 2 Whether the defendant has an arguable defence to the claim
  3. 3 Whether the proceedings should be brought in Jersey or England

Ratio Decidendi

The court found that although the plaintiff complied with the rules for service, the defendant did not receive the summons before judgment. The defendant raised arguable defences regarding the sums claimed and the allocation of payments, and the court was not satisfied that there was no defence. Therefore, the judgment was set aside to allow the defendant to defend the claim.

Court Disposition

Judgment set aside

Orders

  • Judgment in default set aside
  • Costs against the plaintiff on the standard basis for the hearing