HILDER & JESSUP

The parties to this proceeding were Hilder and Jessup. The dispute concerned an application by Hilder to set aside a default judgment entered against them in favour of Jessup. The application was heard by Altobelli J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the default judgment should be set aside. This required the Court to consider whether Hilder had an arguable defence to Jessup's claim and whether it was in the interests of justice to set aside the judgment.

Altobelli J applied the principles established in *Colonial Bank of Australasia Ltd v. Wilson* and *Australian Coal and Shale Employees' Federation v. The Commonwealth*. His Honour considered the evidence presented by Hilder regarding the reasons for their failure to file a defence, including allegations of service issues and a misunderstanding of the legal process. The Court weighed these explanations against the prejudice to Jessup if the judgment were set aside. Altobelli J found that Hilder had not demonstrated an arguable defence with sufficient merit to warrant setting aside the default judgment.

The application to set aside the default judgment was dismissed.