Crayden v Ottaviano

The case of Crayden v Ottaviano involved a plaintiff seeking damages for personal injuries suffered as a result of the defendant's alleged negligence. After the plaintiff obtained a default judgment, the defendant applied to have the judgment set aside. However, the plaintiff died before the assessment of damages and before the judgment was set aside. The court was required to determine whether the judgment should be set aside, considering the relative importance of the prejudice to the plaintiff and the merits of the defendant's defence. The court also considered the relevance of the delay in issuing proceedings and whether the defendant's actions in sending the writ to the plaintiff's insurers was a reasonable response in all the circumstances.

The court found that the death of the plaintiff before the assessment of damages and before the judgment was set aside constituted irreparable prejudice, which weighed heavily in favour of setting aside the default judgment. The court held that the defendant's delay in issuing proceedings did not necessarily preclude setting aside the default judgment, as the defendant had a reasonable excuse for the delay. The court also found that the defendant's actions in sending the writ to the plaintiff's insurers was a reasonable response in all the circumstances, as it was an attempt to notify the party responsible for paying the damages.

Ultimately, the court set aside the default judgment in favour of the plaintiff, finding that the defendant had established a reasonable excuse for the delay in issuing proceedings and that the defendant's actions in sending the writ to the plaintiff's insurers was a reasonable response in all the circumstances. The court held that the relative importance of the prejudice to the plaintiff and the merits of the defendant's defence favoured setting aside the default judgment. No further orders were made by the court.