Black v Mills (No 2)

In *Black v Mills (No 2)*, the applicant, Mr. Black, sought to set aside a default judgment entered against him in favour of the respondent, Ms. Mills. The dispute arose from an earlier proceeding where Ms. Mills had obtained judgment against Mr. Black for damages and costs. Mr. Black contended that the default judgment should be set aside on the grounds that he had a meritorious defence to the original claim and that he had not been properly served with the originating process.

The primary legal issue before the court was whether Mr. Black had established sufficient grounds to warrant setting aside the default judgment. This involved determining whether he had demonstrated a real prospect of success in defending the original claim and whether the service of the originating process had been effective. The court was required to consider the principles governing the setting aside of default judgments, including the need for a defence on the merits and the adequacy of service.

Judge Manousaridis found that Mr. Black had failed to demonstrate a meritorious defence to the original claim. While acknowledging that the court has a broad discretion to set aside default judgments, the judge emphasised that this discretion is not unfettered and requires a substantial reason. The evidence presented by Mr. Black did not establish a defence that was more than merely arguable. Furthermore, the court was satisfied that service of the originating process had been effected in accordance with the rules. Consequently, the application to set aside the default judgment was dismissed.