Sankararamalingam v Infotech Professionals Pty Limited (No.2)

In *Sankararamalingam v Infotech Professionals Pty Limited (No.2)*, the applicant, Mr. Sankararamalingam, sought to set aside a default judgment entered against him in favour of the respondent, Infotech Professionals Pty Limited. The dispute arose from an alleged breach of contract, with the respondent having obtained a default judgment after the applicant failed to file a defence within the prescribed time. The matter came before Judge Smith in the County 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 the applicant had a 'real prospect of success' on the merits of the underlying claim and whether it was 'in the interests of justice' to set aside the judgment. The court also had to determine if the applicant had provided a sufficient explanation for his failure to file the defence in a timely manner.

Judge Smith applied the principles established in *Australian Securities and Investments Commission v Australasian College of Natural Therapies Pty Ltd* [2011] FCA 1296, which outline the considerations for setting aside a default judgment. The court found that while the applicant had provided an explanation for his delay, it was not entirely satisfactory. Crucially, the court determined that the applicant had failed to demonstrate a 'real prospect of success' on the merits of his defence to the original claim. Without a demonstrable defence, the court concluded that it was not in the interests of justice to set aside the default judgment.

Consequently, Judge Smith ordered that the applicant's application to set aside the default judgment be dismissed.