A matter where the plaintiff claimed money due and owing pursuant to an agreement with the first defendant, and an associated claim against the second defendant, Bianca’s client, in partnership. The second defendant failed to file Notice of Intention to Defend within time. Default judgment was subsequently entered against the second defendant. In this application, the second defendant successfully applied to have the default judgment set aside, as an exercise of the court’s discretion.
Bianca Kabel acted for the second defendant, instructed by Bevan & Co Lawyers & Conveyancers.
The judgment can be read here.