Robertson & Chin

The applicant, Robertson, sought to set aside a default judgment entered against him in favour of the respondent, Chin. The dispute arose from a loan agreement, and the default judgment was entered after Robertson failed to file a defence within the prescribed time. The matter came before Rose J of the Supreme Court of Victoria.

The primary legal issue before the Court was whether the default judgment should be set aside. This required the Court to consider whether there was a "good defence on the merits" and whether there was a "good reason" for the delay in filing the defence. The Court also had to determine if setting aside the judgment would cause undue prejudice to the respondent.

Rose J applied the principles established in cases such as *Australian Coal and Coke Pty Ltd v. Federal Coke Co Pty Ltd* and *Colonial Bank of Australasia v. Abbott*. Her Honour noted that a defendant seeking to set aside a default judgment must demonstrate both a meritorious defence and a satisfactory explanation for the delay. In this instance, Robertson had provided an affidavit detailing his defence, which related to allegations of misrepresentation and unconscionable conduct in the loan agreement. However, Rose J found that Robertson's explanation for failing to file his defence, which primarily involved difficulties with his previous legal representatives, was not sufficiently compelling. The Court also considered the prejudice to the respondent, noting that the delay had already been significant.

Ultimately, Rose J dismissed the application to set aside the default judgment. The applicant was ordered to pay the respondent's costs of the application.