The Respondent sought to set aside the orders made against her in respect of a property jointly owned by the Respondent. There was uncontested evidence submitted by the Respondent to the extent that she had been never served with any documents in the relevant proceeding as the notice of address for service had not been given by her and it had not been her address for service. As the orders against the Respondent were obtained without the service of the relevant proceedings upon her, the Respondent is entitled ex debito justitiae to have the orders made against her set aside and the Court has an inherent jurisdiction to do that.
Sean Russell appeared for the Second Respondent, instructed by James Conomos Lawyers.
The judgment is published here.