Yap v P Vivante & Co Pty Ltd

Yap brought an appeal against P Vivante & Co Pty Ltd, a legal firm, in the Supreme Court of New South Wales. Yap sought to set aside a default judgment that had been entered against him 18 years earlier in the Local Court. The default judgment resulted from Yap's failure to defend a proceeding brought by P Vivante & Co Pty Ltd for professional fees. The central issue before the court was whether Yap could successfully challenge the default judgment by demonstrating a valid ground for relief, or if the case turned solely on its own facts.

The court determined that Yap had not provided a sufficient basis to warrant setting aside the default judgment. The court emphasised that Yap needed to demonstrate a clear error of law or a substantial miscarriage of justice, which had not been achieved here. The court noted that the default judgment was based on undisputed facts and that Yap had not provided any new evidence or circumstances that could justify overturning the judgment. The appeal hinged on Yap's ability to show a valid ground for relief, which he had failed to do.

As the appeal did not meet the necessary criteria for setting aside the default judgment, the Supreme Court dismissed the appeal. The court held that the matter was firmly rooted in its own specific circumstances and did not present a case where the default judgment should be set aside. The final order was that the appeal was dismissed.