Douglas Benson Spong & Mara Spong v T-sugi Agency Pty Ltd

The Supreme Court of Victoria heard a dispute between Douglas Benson Spong and Mara Spong (the applicants) and T-sugi Agency Pty Ltd (the respondent). The applicants sought to set aside a default judgment that had been entered against them in favour of the respondent. The core of the dispute revolved around whether the applicants had been properly served with the originating process in the original proceedings.

The primary legal issue before the Court was whether the default judgment should be set aside on the grounds that the applicants had not been served with the originating process in accordance with the rules of court. This required the Court to consider the adequacy of the service attempted by the respondent and the applicants' knowledge of the proceedings.

Justice Alison Windsor found that the evidence did not establish that the applicants had been served with the originating process. The Court applied the principles governing service, noting that strict compliance with the rules is generally required. In the absence of proper service, the Court concluded that the default judgment had been irregularly obtained and should be set aside. The Court ordered that the default judgment be set aside and that the applicants be at liberty to file a defence within 21 days.