Aba-Sold v Commonwealth Bank

Aba-Sold filed a claim against the Commonwealth Bank, which the bank failed to respond to. Aba-Sold subsequently applied for a default judgment against the bank. The bank opposed the application, arguing that it had a bona fide defence on the merits. The Federal Circuit and Family Court was required to determine whether the default judgment should be set aside.

The court considered whether the bank had a bona fide defence on the merits and whether the bank had acted promptly in opposing the application for default judgment. The court found that the bank had a bona fide defence and that it had acted promptly in opposing the application. The court emphasised that each case will turn on its own particular circumstances, and that the decision to set aside a default judgment is within the discretion of the court.

The court set aside the default judgment and ordered that the bank's defence be heard on the merits. The court found that the bank had a reasonable prospect of success in its defence and that it was in the interests of justice to allow the defence to be heard. The court also noted that the bank had acted promptly in opposing the application for default judgment and that there was no evidence of any delay or neglect on its part.