Lamont v MALISHUS and Ors (No.3)

In *Lamont v MALISHUS and Ors (No.3)*, the applicant, Mr. Lamont, sought to set aside a default judgment entered against him in favour of the respondents, Malishus and others. The dispute arose from an earlier proceeding where the applicant had failed to file a defence within the prescribed time. The application to set aside the default judgment was heard by Judge Manousaridis in the Supreme Court of Victoria.

The primary legal issue before the Court was whether the default judgment should be set aside. This required the Court to consider the principles governing applications to set aside default judgments, particularly the applicant's obligation to demonstrate a meritorious defence and the Court's discretion to grant such relief. The Court also had to assess whether the applicant had provided a sufficient explanation for his failure to file the defence in the original proceeding.

Judge Manousaridis applied the well-established principles for setting aside default judgments, which require the applicant to show both a good defence on the merits and that the application is made promptly. The Court found that the applicant had not adequately explained his delay in filing the defence, nor had he sufficiently demonstrated that he had a meritorious defence to the original claim. Consequently, the Court exercised its discretion against setting aside the default judgment. The application was dismissed.