Mango Credit Pty Ltd v Saad

Mango Credit Pty Ltd brought proceedings against Saad for possession of land. Saad failed to respond to the proceedings, and Mango Credit was granted a default judgment. After the writ of possession was executed, Saad applied to set aside the default judgment. The application was brought before the Supreme Court of New South Wales.

The court considered whether it had the discretion to set aside the default judgment, despite the writ of possession being executed. The court noted that the statutory provision granting the court this discretion did not expressly exclude cases where the writ of possession had been executed. The court further considered whether the application was brought within a reasonable time, and whether the delay in bringing the application was satisfactorily explained. The court also assessed whether setting aside the default judgment would result in substantial injustice to Mango Credit.

The court found that it did have the discretion to set aside the default judgment, even after the writ of possession was executed. The application was considered to be brought within a reasonable time, and the delay was satisfactorily explained. The court found that setting aside the default judgment would not result in substantial injustice to Mango Credit. Accordingly, the court set aside the default judgment and dismissed Mango Credit’s claim for possession.

Mango Credit was ordered to pay Saad’s costs of the application. The court also ordered that the writ of possession be quashed.