The Owners - Strata Plan 74635 v Buildcorp Group Pty Limited

The Owners - Strata Plan 74635 (the Owners) sought leave to appeal a decision of the primary judge against Buildcorp Group Pty Limited (Buildcorp). The dispute concerned an application to set aside a default judgment.

The central legal issue before the Court of Appeal was whether the primary judge erred in refusing to set aside the default judgment entered against Buildcorp. This involved considering whether Buildcorp had established a meritorious defence to the Owners' claim and whether it had provided a sufficient explanation for its delay in responding to the proceedings.

The Court of Appeal, comprising Allsop P and Ward JA, dismissed the application for leave to appeal. While the specific reasoning is not detailed in the provided text, the outcome suggests that the Court found no error in the primary judge's decision. The note regarding the Uniform Civil Procedure Rules 2005, particularly Rule 36.16 concerning the time limit for setting aside judgments, may have been relevant to the Court's consideration of the application.

The application for leave to appeal was dismissed with costs.