Anne v Ask Funding Ltd

Anne (the applicant) sought to set aside a default judgment entered against her by Ask Funding Ltd (the respondent) in the District Court of New South Wales. The dispute arose from a loan agreement between the parties, where Anne alleged she had not been properly served with the originating process.

The primary legal issue before Judge Jarrett was whether the default judgment should be set aside on the grounds of irregular service. This required the court to consider the rules governing service of originating process in New South Wales and whether those rules had been complied with by the respondent.

Judge Jarrett found that the evidence presented by Anne regarding non-service was credible and that the respondent had failed to demonstrate that proper service had been effected in accordance with the relevant rules of court. Consequently, the default judgment was irregularly obtained. The court applied the principles that a party seeking to set aside a default judgment on the grounds of irregular service need only demonstrate that service was not effected, and that the onus is on the party seeking to uphold the judgment to prove proper service.

The court ordered that the default judgment be set aside, with costs reserved.