Steven Kelly v Quick Steps School of Dance Pty Ltd

In *Steven Kelly v Quick Steps School of Dance Pty Ltd*, the applicant, Steven Kelly, sought to set aside a default judgment entered against him in favour of the respondent, Quick Steps School of Dance Pty Ltd. 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 the Supreme Court of Queensland.

The primary legal issue before the Court was whether the default judgment should be set aside. This required the Court to consider the principles governing applications to set aside default judgments, specifically whether the applicant had demonstrated a meritorious defence to the claim and whether there was a sufficient explanation for the delay in filing the defence. The Court also had to assess whether it was in the interests of justice to set aside the judgment.

Her Honour Justice Nicole Worth applied the well-established principles for setting aside default judgments. Her Honour noted that a party seeking to set aside a default judgment must generally show both a defence on the merits and a reasonable explanation for the failure to comply with the rules. In this instance, the applicant provided an explanation for his delay, which the Court considered. Crucially, the Court then examined the material before it to determine if a defence had been sufficiently disclosed. After considering the evidence and submissions, the Court found that the applicant had not demonstrated a defence with sufficient merit to warrant setting aside the default judgment.

The Court therefore dismissed the application to set aside the default judgment.