Cosenza v Roy Morgan Interviewing Services Pty Ltd

The case of Cosenza v Roy Morgan Interviewing Services Pty Ltd involved a dispute where the appellant, Cosenza, sought to set aside a default judgment against the respondent, Roy Morgan Interviewing Services Pty Ltd. The primary issue was whether the respondent's application to set aside the default judgment met the criteria under rule 87(2) of the Magistrates Court (Civil) Rules, which requires the party to establish an arguable case on the merits and a reasonable excuse for non-compliance with procedural requirements. The respondent argued that there was confusion regarding the service of the claim, and it had a prima facie defence, including the assertion that the trespassers were not its employees and were unknown to the respondent at the relevant time. The court needed to determine if these arguments were sufficient to satisfy the requirements of rule 87(2).

The court examined the respondent's affidavits and the evidence presented, noting that the respondent had the burden of proving the conditions for setting aside the default judgment. The court found that the respondent had indeed presented an arguable case on the merits, as the respondent's affidavits indicated that the trespassers were not its employees and were unknown to the respondent. Additionally, the court accepted that there was a reasonable excuse for the respondent's non-compliance due to the confusion regarding the service of the claim. Therefore, the court concluded that the respondent had met the requirements of rule 87(2), and the Magistrate's decision to set aside the default judgment was upheld.

The appeal was dismissed on all grounds. The court invited the respondent to make submissions on costs within seven days of the publication of the reasons, and allowed the appellant a further seven days to respond. The decision confirmed that the respondent's application to set aside the default judgment was properly considered and met the necessary criteria under the relevant rules.