Wilenski v Jankowski

In the matter of Wilenski v Jankowski, the respondent sought a default judgment against the appellant, the defendant, in the Supreme Court of Victoria. The appellant, Jankowski, had failed to file a defence within the required time frame, leading to a default judgment being entered against them. The appellant contested the default judgment on the grounds that they had not been served with the necessary documents and therefore had not been aware of the proceedings. The respondent, Wilenski, argued that the default judgment should stand as the appellant had not appeared at the hearing and had not provided any evidence to support their claim of non-service.

The central legal issue before the court was whether the appellant had received proper notice of the proceedings and whether the default judgment should be set aside. The court had to consider the provisions of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) and determine whether the appellant's failure to file a defence and appear at the hearing amounted to a default in their obligations. Additionally, the court needed to assess whether the respondent had acted in accordance with the rules when entering the default judgment and whether the appellant's claim of non-service was valid.

The court found that the appellant had not provided any evidence to support their claim of non-service and had not appeared at the hearing despite being notified. The court noted that the appellant had taken no action to challenge the proceedings or seek an extension of time to file a defence. The court held that the appellant had received notice of the proceedings and had failed to meet their obligations under the rules. As a result, the court dismissed the appellant's application to set aside the default judgment. The court concluded that the respondent had followed the correct procedures in entering the default judgment and that the appellant's failure to appear and file a defence constituted a default. The court found in favour of the respondent and upheld the default judgment.