Fleuris Pty Ltd v Asian Century Holdings

Fleuris Pty Ltd (the applicant) sought to set aside a default judgment obtained by Asian Century Holdings (the respondent) in the Supreme Court of New South Wales. The dispute arose from an alleged breach of a loan agreement.

The primary legal issue before Gaudron J was whether the applicant had established a sufficient defence to the respondent's claim to warrant setting aside the default judgment. This involved considering whether the applicant had a real prospect of success in defending the underlying claim, and whether it was just and equitable to set aside the judgment.

Gaudron J applied the principles governing the setting aside of default judgments, which require a defendant to show a defence on the merits and that it is just and equitable to grant the relief sought. Her Honour considered the evidence presented by the applicant regarding its defence to the loan agreement claim.

The application to set aside the default judgment was dismissed.