Noonan v BMW Australia Finance Limited

In *Noonan v BMW Australia Finance Limited*, the applicant, Mr. Noonan, sought to set aside a default judgment entered against him by the respondent, BMW Australia Finance Limited, in the County Court of Victoria. Mr. Noonan alleged that he had not been properly served with the originating process and that the default judgment had been entered irregularly.

The primary legal issue before the Court was whether the default judgment had been irregularly obtained due to defective service of the originating process. This required the Court to consider the rules governing service of originating process in Victoria and the circumstances under which a default judgment could be set aside on the grounds of irregularity.

Judge Whelan found that the evidence did not establish that the originating process had been served in accordance with the relevant rules of court. Specifically, the Court was not satisfied that the documents had been served at Mr. Noonan's usual or last known place of abode or business. Consequently, the Court concluded that the default judgment had been irregularly obtained. The Court ordered that the default judgment be set aside, and that Mr. Noonan be at liberty to file and serve a defence within 21 days.