KOCAK & FAHRI

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

The primary legal issue before the court was whether Kocak had established sufficient grounds to set aside the default judgment. This involved considering whether Kocak had a meritorious defence to the original claim and whether he had provided a satisfactory explanation for his failure to file a defence within the prescribed time.

Hartnett J applied the principles established in *Colonial Bank of Australasia Ltd v. Brien* and *Australian Coal and Shale Employees' Federation v. Commonwealth*. His Honour considered the evidence presented by Kocak regarding his reasons for not filing a defence, which included allegations of difficulties in obtaining legal advice and service issues. The court also assessed the material put forward by Kocak to demonstrate a defence to the underlying claim.

Ultimately, Hartnett J found that Kocak had failed to provide a sufficiently compelling explanation for his delay and had not demonstrated a defence with a real prospect of success. Accordingly, the application to set aside the default judgment was dismissed.