Integrated Growth Solutions Pty Limited v Latesha Elizabeth Campbell (No 2)

Integrated Growth Solutions Pty Limited brought an action against Latesha Elizabeth Campbell in the Federal Circuit and Family Court of Australia, seeking an order for the payment of money. Campbell did not appear in court and a judgment was entered in her absence. Campbell subsequently sought to set aside that judgment on the basis that she had not been properly served with the statement of claim and had not been aware of the proceedings. The court had to determine whether it should exercise its discretion to set aside the judgment entered in Campbell's absence.

The court considered whether Campbell had made out a sufficient case for setting aside the default judgment under UCPR Part 36 r 36.16(2)(b). The court noted that Campbell had not shown any procedural unfairness or injustice that would warrant setting aside the judgment. While Campbell claimed that she had not been properly served with the statement of claim, she had failed to provide any evidence to support this assertion. Campbell also did not show that she had any defence to the claim. The court held that Campbell had not made out a case for setting aside the judgment entered in her absence.

The court found that Campbell had not established a sufficient case for setting aside the judgment. The court held that Campbell had not shown any procedural unfairness or injustice that would warrant setting aside the judgment. The court also noted that Campbell had not provided any evidence to support her claim that she had not been properly served with the statement of claim. The court further found that Campbell had not shown that she had any defence to the claim. Accordingly, the court dismissed Campbell's application to set aside the judgment.

The court ordered that Campbell's application to set aside the judgment be dismissed with costs.