DCT v Awad

The matter before the Federal Circuit Court involved a default judgment entered against DCT, the plaintiff, by Awad, the defendant. The plaintiff sought to set aside the default judgment, arguing that it had not been properly served and that there was a reasonable explanation for the failure to defend the proceeding. The Court was required to determine whether the plaintiff had established grounds to set aside the default judgment and whether there was a sufficient basis for the Court to exercise its discretion in favour of the plaintiff.

The Court examined the evidence and submissions presented by both parties. It considered the principles governing the setting aside of default judgments and the discretion available to the Court in such circumstances. The Court found that the plaintiff had not been properly served with the originating application and that there was a reasonable explanation for the failure to defend the proceeding. The Court was satisfied that the plaintiff had established the necessary grounds to set aside the default judgment and exercised its discretion in favour of the plaintiff. Consequently, the Court set aside the default judgment and ordered that the proceeding be listed for further directions.

The Court ordered that the proceeding be listed for further directions, including the service of the originating application on the defendant and the exchange of further evidence and submissions. The Court also ordered that the defendant pay the plaintiff's costs of the application to set aside the default judgment.