Savage v Soloman

The case of Savage v Solomon involved a dispute between the plaintiff, Savage, and the defendant, Solomon. The matter came before the court for consideration of an application to set aside a judgment and final orders, following the defendant's failure to appear at the final hearing of the matter. The Uniform Civil Procedure Rules, specifically Part 36.16(2)(b), provided the legal framework for the court's consideration of the application. The primary issue before the court was whether the defendant or their legal representative had an adequate explanation for their non-appearance and whether the defendant had an arguable defence on the merits. The court also had to consider various discretionary factors in making its decision.

The court examined the reasons provided by the defendant for their non-appearance at the final hearing, as well as the merits of the defendant's potential defence. In doing so, the court assessed the strength of the defendant's case and whether there were any exceptional circumstances that warranted setting aside the judgment and final orders. After carefully considering the evidence and arguments presented, the court determined that the defendant's explanation for their non-appearance was insufficient and that there was no arguable defence on the merits. The court also found that the defendant's failure to appear was not due to any exceptional circumstances.

Based on the court's assessment of the evidence and arguments, it concluded that the application to set aside the judgment and final orders should be dismissed. The court held that the defendant had not provided an adequate explanation for their non-appearance at the final hearing and that there was no arguable defence on the merits. Furthermore, the court found that the discretionary factors did not favour setting aside the judgment and final orders. As a result, the court dismissed the Notice of Motion filed on 29 March 2018. The court also ordered that the defendant pay the plaintiff's costs of the Notice of Motion, as agreed or assessed.