Trazblend v Simon Mathews Aviation & Anor (No 2)

Supreme Court Rules 2000.

This case involved an application by Simon Peter Mathews, the sole director of Simon Mathews Aviation, to set aside a default judgment against his company and himself. The default judgment had been entered against the company for failing to comply with an interlocutory order and against himself for his personal liability as the sole director. The matter was heard in the Supreme Court of Queensland. The central legal issue before the court was whether the application to set aside the judgment was made within a reasonable time and whether there was a bona fide defence to the proceedings. The court held that the applicant had failed to demonstrate that his application was made within a reasonable time, and the application to set aside the judgment was dismissed. The court further ordered that the applicant pay the costs of the respondent's application to set aside judgment. The costs were to be assessed in accordance with Part 21, Rule 21.02(2)(b) and Schedule 1 of the Supreme Court Rules 2000.