Strydom v CBD Refrigeration and Air Conditioning Pty Ltd

In the District Court of Western Australia, Judge Antoni Lucev considered a dispute between Mr. Strydom, the applicant, and CBD Refrigeration and Air Conditioning Pty Ltd, the respondent. The matter concerned an application to set aside a default judgment that had been entered against the respondent.

The primary legal issue before the court was whether the respondent had established sufficient grounds to have the default judgment set aside. This required the court to consider whether the respondent had a meritorious defence to the original claim and whether it had acted with due diligence in seeking to set aside the judgment.

Judge Lucev applied the principles established in cases such as *Colgate Palmolive Company v. Cussons Pty Ltd* and *Australian Coal and Shale Industry Superannuation Pty Ltd v. Thirlwell*. His Honour noted that while there is a discretion to set aside a default judgment, this discretion is not unfettered. The court must be satisfied that the respondent has a defence that has real prospects of success and that the respondent has not unduly delayed in bringing its application. In this instance, the court found that the respondent had not demonstrated a meritorious defence and had not acted with sufficient promptness.

Consequently, the application to set aside the default judgment was dismissed.