Bannister & Hunter Pty Ltd v Transition Resort Holdings Pty Ltd

Bannister & Hunter Pty Ltd (the applicant) sought to set aside a default judgment entered against it in favour of Transition Resort Holdings Pty Ltd (the respondent). The application was heard by Ward JA in the Court of Appeal.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to justify setting aside the default judgment. This involved considering whether the applicant had a meritorious defence to the original claim and whether it had provided a satisfactory explanation for its failure to file a defence within the prescribed time.

Ward JA dismissed the applicant's notice of motion. The decision implies that the applicant failed to satisfy the necessary criteria for setting aside the default judgment, likely due to an insufficient explanation for the delay in filing a defence and/or a lack of a demonstrable meritorious defence. The Court applied the principles governing the setting aside of default judgments, which typically require a party to show both a good defence on the merits and a reasonable excuse for the default.

The applicant was ordered to pay the respondent's costs of the notice of motion.