Jenkins v Visualeyes Pty Ltd

In Jenkins v Visualeyes Pty Ltd, the plaintiff sought to set aside a judgment against them in the Supreme Court. The defendant, Visualeyes Pty Ltd, had obtained a default judgment against the plaintiff in a debt recovery proceeding. The plaintiff applied to the court to set aside the judgment, arguing that they had a bona fide defence to the claim and that there were procedural irregularities in the original judgment process. The case centred on whether the court had the inherent power to set aside a judgment and whether the plaintiff's application was made within a reasonable time under Rule 49.02(2) of the Supreme Court (General Civil Procedure) Rules.

The court was required to determine whether it had the inherent jurisdiction to set aside a judgment when the plaintiff had a bona fide defence and whether the application to set aside the judgment was made within a reasonable time. The plaintiff argued that they had a defence to the claim based on a set-off, and that the court should exercise its inherent jurisdiction to set aside the default judgment. The defendant contended that the plaintiff's application was an abuse of process and that it was not made within a reasonable time. The court had to consider the applicable rules and precedents, including the decision in Delmo v Merrigal Pty Ltd, which held that the court has inherent jurisdiction to set aside a judgment in certain circumstances.

The court found that it did have the inherent jurisdiction to set aside a judgment when there was a bona fide defence and that the plaintiff's application was made within a reasonable time. The court held that the plaintiff had established a set-off, which was a bona fide defence to the claim. The court also found that the plaintiff's application was not an abuse of process and that it was made within a reasonable time. The court set aside the default judgment and ordered that the matter proceed to a hearing on the merits. The court's decision was based on the principles of natural justice and the need to ensure that a party with a bona fide defence is not unfairly prejudiced by a default judgment.