Hashmi v AKTER

In the matter of *Hashmi v AKTER*, heard before Judge Raphael, the dispute concerned an application to set aside a default judgment. The applicant, Mr Hashmi, sought to have a default judgment entered against him in favour of the respondent, Ms Akter, vacated. Ms Akter had commenced proceedings against Mr Hashmi, and upon his failure to file a defence within the prescribed time, a default judgment was entered. Mr Hashmi subsequently applied to set aside this judgment.

The primary legal issue before the Court was whether Mr Hashmi had established sufficient grounds to warrant setting aside the default judgment. This required the Court to consider the principles governing applications to set aside default judgments, particularly the need to demonstrate a meritorious defence and to provide a reasonable explanation for the delay in filing the defence. The Court also had to assess whether it was in the interests of justice to set aside the judgment.

Judge Raphael applied the well-established principles for setting aside default judgments. The Court considered the two main requirements: first, that the applicant must show a defence on the merits, and second, that the applicant must provide a good reason for the failure to file the defence in time. In this instance, the Court found that Mr Hashmi had not adequately demonstrated a defence on the merits, nor had he provided a satisfactory explanation for his failure to comply with the court's rules. Consequently, the Court determined that it was not in the interests of justice to set aside the default judgment. The application to set aside the default judgment was dismissed.