Bird v Ford

The applicant, Mr Ford, sought to set aside a default judgment entered against him in favour of the respondent, Ms Bird. The application was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether there were sufficient grounds to set aside the default judgment. This involved considering whether the applicant had demonstrated a meritorious defence to the claim and whether there were any special circumstances justifying the setting aside of the judgment, particularly given the delay in bringing the application.

Tobias AJA dismissed the applicant's notice of motion, with the exception of one paragraph, and ordered the applicant to pay the respondent's costs of the motion from a specified date. The decision implies that the applicant failed to establish the necessary grounds for setting aside the default judgment, likely due to a lack of a meritorious defence or the absence of special circumstances to excuse the delay.