K and K Real Estate Pty Ltd v Adellos Pty Ltd

In *K and K Real Estate Pty Ltd v Adellos Pty Ltd*, the Supreme Court of New South Wales considered a dispute between K and K Real Estate Pty Ltd (the applicant) and Adellos Pty Ltd (the respondent). The applicant sought to set aside a default judgment that had been entered against it.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to warrant setting aside the default judgment. This involved considering whether the applicant had a meritorious defence to the original claim and whether it had provided a satisfactory explanation for its failure to file a defence within the prescribed time.

The Court, in dismissing the applicant's notice of motion, found that the applicant had failed to demonstrate either a meritorious defence or a sufficient explanation for its delay. The applicant's submissions regarding its defence were considered vague and unsubstantiated, and the explanation for the failure to file a defence was deemed inadequate. The Court applied the principles governing the setting aside of default judgments, emphasizing the need for both a defence on the merits and a reasonable explanation for the default.

Consequently, the Court ordered that the notice of motion be dismissed with costs.