19 Mar 2013
DONALDSON V FRANKTON ALUMINIUM (1982) LIMITED HC HAM CIV 2012-419-001478
- Citation
- openlaw-2ebc2e8c_3af1_40f4_84fc_f74ad7b4011e.pdf
- Court
- High Court
Because a compliant Form 3 response had been validly served on the plaintiff before the plaintiff applied for default judgment, r 2.39 and the prescribed Form 6A preclude a plaintiff from obtaining default judgment after receipt of a response; the judgment was therefore irregularly obtained and must be set aside under r 12.34 to avoid a potential miscarriage of justice.