Advance Investments & Financial Services Group Pty Ltd v IPG Group Pty Ltd

Advance Investments & Financial Services Group Pty Ltd sought to set aside a default judgment against them, which had been entered against IPG Group Pty Ltd. The matter was heard in the Supreme Court of New South Wales. The primary dispute centred on whether the default judgment should be set aside and whether leave should be granted to file a defence and cross-claim. The case hinged on the defendants' arguments of delay and the existence of a bona fide arguable defence.

The court had to determine whether the delay in applying to set aside the default judgment was justified and whether the defendants had a bona fide arguable defence. In examining the delay, the court considered the reasons provided by the defendants for the delay and whether there was any prejudice to the plaintiff as a result. Regarding the bona fide arguable defence, the court needed to assess whether the defence raised by the defendants was sufficiently plausible to warrant setting aside the default judgment.

The court found that the delay was not inordinately long and that the reasons provided for the delay were acceptable. It was determined that the defendants had a bona fide arguable defence based on the evidence presented. Consequently, the court set aside the default judgment and granted leave to the defendants to file a defence and cross-claim. This decision allowed the defendants to fully address the claims made by the plaintiff and pursue their own counterclaims.