Soraya Ashry v Shawky El Hgar

In *Soraya Ashry v Shawky El Hgar*, the Supreme Court of Victoria was asked to determine whether a party had breached an undertaking given to the court. The dispute arose from an application to set aside a default judgment.

The primary legal issue before the Court was whether the respondent had breached an undertaking given to the Court that he would not take any steps to enforce or otherwise deal with a default judgment obtained against the applicant. The Court was required to consider the nature of such undertakings and the consequences of their breach.

Justice Zars found that the respondent had indeed breached his undertaking. The Court reasoned that the undertaking was clear and unambiguous, and the respondent's actions in attempting to enforce the judgment directly contravened its terms. The Court emphasised the importance of upholding undertakings given to the court, as they are fundamental to the administration of justice and the orderly conduct of litigation. The Court noted that a breach of such an undertaking could have serious consequences, including the potential for contempt of court proceedings.

Consequently, the Court ordered that the default judgment be set aside and that the applicant be granted leave to defend the proceeding. The respondent was also ordered to pay the applicant's costs of the application.