Lion Finance Pty Ltd v Wilson

Lion Finance Pty Ltd (the applicant) sought to enforce a default judgment against Mr. Wilson (the respondent) in the Supreme Court of Queensland. The dispute concerned the applicant's ability to enforce a default judgment obtained against the respondent, who had failed to file a defence to the applicant's claim for repayment of a loan. The applicant sought to have the respondent declared bankrupt.

The primary legal issue before the Court was whether the default judgment obtained by the applicant was valid and enforceable, notwithstanding the respondent's assertion that he had not been properly served with the originating process. The Court was required to determine if the applicant had satisfied the requirements for service of process under the relevant rules of court, and if not, whether the default judgment should be set aside.

Judge Burchardt found that the applicant had failed to demonstrate that the originating process had been served on the respondent in accordance with the rules. Specifically, the Court noted that the affidavit of service did not sufficiently particularise the steps taken to effect service, nor did it establish that the respondent was aware of the proceedings. Consequently, the Court concluded that the default judgment was irregularly obtained and therefore void. The Court ordered that the default judgment be set aside, and that the respondent be granted leave to file a defence to the applicant's claim.