Cannon v Statewide Secured Investments Pty Ltd

In *Cannon v Statewide Secured Investments Pty Ltd*, the applicant, Ms Cannon, sought to set aside a default judgment entered against her by the respondent, Statewide Secured Investments Pty Ltd. The dispute arose from a loan agreement and a mortgage over Ms Cannon's property. Ms Cannon contended that she had not been properly served with the originating process and that the default judgment should be set aside on this basis. The matter came before Judge Riethmuller in the Supreme Court of Queensland.

The primary legal issue before the Court was whether service of the originating process had been effected in accordance with the relevant rules of court. Specifically, the Court had to determine if the method of service employed by the respondent was sufficient to bring the proceedings to the attention of Ms Cannon, thereby satisfying the requirements for valid service. A secondary issue, contingent on the first, was whether, if service was defective, the Court should exercise its discretion to set aside the default judgment.

Judge Riethmuller found that the evidence did not establish that Ms Cannon had been properly served with the originating process. The Court applied the principles of service, which require that a party be given proper notice of proceedings. As service was found to be defective, the Court then considered whether to set aside the default judgment. The Court noted that a failure to properly serve a defendant is a strong ground for setting aside a default judgment, particularly where the defendant moves promptly to have the judgment set aside and has an arguable defence.

The Court ordered that the default judgment entered against Ms Cannon be set aside.