Dunstan v Higham (No 2)

In *Dunstan v Higham (No 2)*, the applicant sought to set aside a default judgment entered against them. The respondents were the judgment creditors. The application was heard by Elkaim J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to warrant setting aside the default judgment. This involved considering whether the applicant had a meritorious defence to the original claim and whether there was a good reason for the delay in bringing the application.

Elkaim J dismissed the application, finding that the applicant had failed to demonstrate a meritorious defence. The Court also considered the applicant's explanation for the significant delay in seeking to set aside the judgment and found it to be unsatisfactory. The principles applied focused on the discretion of the court to set aside default judgments, requiring a demonstration of both a defence on the merits and a reasonable explanation for any delay.

The application was dismissed, and the applicant was ordered to pay the respondents' costs of the application.