OFFERMANS and Anor v Trusted Buzz Pty Ltd and Ors (No.2)

In the matter of *Offermans and Anor v Trusted Buzz Pty Ltd and Ors (No.2)*, heard before Judge Burnett of the Supreme Court of Queensland, the applicants, Offermans and another, sought to set aside a default judgment previously entered against them in favour of the respondents, Trusted Buzz Pty Ltd and others. The dispute arose from an alleged breach of contract, leading to the initial proceedings and the subsequent default judgment.

The primary legal issue before the Court was whether the default judgment should be set aside. This required the Court to consider the applicants' application to set aside the judgment, which was brought on the grounds of alleged irregularities in the service of the originating process and the subsequent application for default judgment. The Court also had to determine if the applicants had a meritorious defence to the original claim.

Judge Burnett applied the principles governing applications to set aside default judgments. The Court considered the applicants' explanation for their delay in seeking to set aside the judgment and the merits of their defence. The Court found that the applicants had not provided a sufficient explanation for their delay and that their defence, as presented, did not appear to have substantial merit. Consequently, the Court determined that the threshold for setting aside the default judgment had not been met.

The application to set aside the default judgment was dismissed.