Unique Product Marketing Pty Ltd v Bortek Sales Pty Ltd

In the case of Unique Product Marketing Pty Ltd v Bortek Sales Pty Ltd, the plaintiff sought to set aside a default judgment that had been entered against it. The matter was heard in the Supreme Court of Queensland. The plaintiff, Unique Product Marketing, was seeking to vacate the default judgment entered against it, which was initially entered on 12 September 2000. The defendant, Bortek Sales, was the party who had obtained the default judgment and opposed the plaintiff's application to set it aside.

The primary legal issue for the court to determine was whether Unique Product Marketing had a sufficient and plausible defence to the claim made by Bortek Sales, which would warrant setting aside the default judgment. The court considered whether the plaintiff had demonstrated a reasonable excuse for its failure to defend the claim and whether setting aside the default judgment would not substantially prejudice the defendant.

The court examined the evidence presented by the plaintiff and found that there was a viable defence to the claim made by Bortek Sales. The plaintiff argued that it had not received proper service of the originating process, and as such, the default judgment should be set aside. The court was satisfied that the plaintiff had a reasonable excuse for its failure to defend the claim, and that setting aside the default judgment would not substantially prejudice the defendant. Consequently, the court ordered that the default judgment entered against the plaintiff be set aside.