Baycorp Collections PDL (Australia) Pty Ltd v Ghosh

Baycorp Collections PDL (Australia) Pty Ltd (the applicant) sought to enforce a judgment against Mr. Ghosh (the respondent) in the Supreme Court of New South Wales. The applicant had obtained a default judgment against the respondent for a debt arising from a loan agreement. The respondent applied to have this default judgment set aside.

The primary legal issue before the Court was whether the respondent had established a defence on the merits to the applicant's claim, or whether there was a sufficient reason for the Court to set aside the default judgment. This involved considering whether the respondent had a real prospect of successfully defending the claim, and if not, whether there were other compelling circumstances that warranted setting aside the judgment.

Judge Manousaridis found that the respondent had not demonstrated a defence on the merits. The respondent's affidavit did not provide sufficient detail or evidence to suggest that he had a genuine dispute regarding the debt. Consequently, the Court determined that there was no sufficient reason to set aside the default judgment. The application to set aside the default judgment was dismissed.