Thakur v Immersive Group Pty Ltd

In *Thakur v Immersive Group Pty Ltd*, the applicant, Ms Thakur, sought to set aside a default judgment entered against her by the respondent, Immersive Group Pty Ltd, in the Magistrates' Court of Victoria. The dispute arose from an alleged breach of contract, with Immersive Group Pty Ltd claiming Ms Thakur failed to pay for services rendered. Ms Thakur contended that she had not been properly served with the originating process and therefore had no knowledge of the proceedings until after the default judgment was entered.

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, particularly in circumstances where the applicant claims non-service of the originating process. The Court had to determine if Ms Thakur had a meritorious defence to the claim and whether it was just and equitable to set aside the judgment, taking into account the delay in bringing the application and any prejudice to the respondent.

Judge Mercuri applied the well-established principles for setting aside default judgments. The Court noted that a party seeking to set aside a default judgment must generally show a meritorious defence and that it is just and equitable to do so. In this instance, Ms Thakur's assertion of non-service was a critical factor. The Court found that the evidence presented by Ms Thakur regarding service was credible and that she had not been properly notified of the proceedings. Consequently, the Court concluded that it was just and equitable to set aside the default judgment to allow the substantive merits of the case to be heard.

The Court ordered that the default judgment entered against Ms Thakur be set aside. Ms Thakur was granted leave to file her defence within 14 days. The Court also ordered that Ms Thakur pay the respondent's costs thrown away by the setting aside of the judgment, to be assessed if not agreed.