Perera v Playkidz Enterprises Pty Ltd

In the matter of *Perera v Playkidz Enterprises Pty Ltd*, the applicant, Ms Perera, sought to have a default judgment set aside. The respondent, Playkidz Enterprises Pty Ltd, had obtained default judgment against Ms Perera in the Magistrates' Court of Victoria at Melbourne on 10 May 2023. Ms Perera contended that she had not been properly served with the originating process and that the default judgment should therefore be set aside.

The primary legal issue before the Court was whether the originating process had been duly served on Ms Perera in accordance with the relevant rules of the Magistrates' Court. This involved determining whether the method of service employed by the respondent satisfied the requirements of the *Magistrates' Court Civil Procedure Rules 2019* (Vic) and, if not, whether the Court should exercise its discretion to set aside the default judgment.

Judge Burchardt found that the evidence presented by Ms Perera established a strong prima facie case that she had not been served with the originating process. The Court noted that the respondent had failed to provide sufficient evidence to demonstrate that service had been effected in a manner that complied with the rules. Consequently, the Court concluded that the default judgment had been irregularly obtained.

The Court ordered that the default judgment entered on 10 May 2023 be set aside, and that Ms Perera be at liberty to file and serve a defence within 21 days. The respondent was ordered to pay the applicant's costs of the application.