Chi v Technical and Further Education Commission

The applicant, Mr Chi, sought to set aside a default judgment entered against him in favour of the respondent, the Technical and Further Education Commission. The matter came before Allsop P of the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the default judgment should be set aside. This required consideration of the principles governing the setting aside of default judgments, including whether there was a meritorious defence and whether the applicant had provided a sufficient explanation for the delay in responding to the proceedings.

Allsop P noted that the applicant had not yet served his notice of motion or affidavit on the respondent, which were necessary to formally bring his application before the Court. Consequently, the Court made orders directing the applicant to serve these documents. The Registrar was also directed to inform the respondent of the proceedings and to refer the matter to the NSW Bar Association to explore the possibility of pro bono representation for the applicant. These directions were made in light of the applicant's apparent inability to secure legal representation and the need for the respondent to be formally notified of the application to set aside the default judgment.