Brooke v Who Ya Gonna Call Bark Busters Pty Ltd

In *Brooke v Who Ya Gonna Call Bark Busters Pty Ltd*, the applicant sought to set aside a default judgment entered against them by the respondent. The applicant’s primary submission was that they had a meritorious defence to the claim, and that the default judgment should be set aside on this basis. The respondent, however, argued that the applicant had failed to provide a satisfactory explanation for their impecuniosity and that no special circumstances existed to warrant setting aside the judgment. The matter came before Gleeson JA in the Supreme Court of New South Wales.

The central legal issue before the Court was whether the applicant had demonstrated sufficient grounds to justify setting aside the default judgment. This involved considering whether the applicant had shown a meritorious defence and, in light of the respondent's submissions regarding impecuniosity, whether there were any special circumstances that warranted the Court exercising its discretion to set aside the judgment.

Gleeson JA dismissed the respondent's notice of motion. While the specific reasoning is not detailed in the provided text, the outcome indicates that the Court was not satisfied that the respondent had established grounds for the notice of motion to be dismissed. The dismissal of the motion implies that the Court either found the applicant had shown a meritorious defence, or that the respondent's arguments regarding impecuniosity and lack of special circumstances were not persuasive enough to deny the applicant an opportunity to defend the claim.

The respondent's notice of motion filed on 11 November 2013 was dismissed with costs.