The defendant moved to set aside a default judgment and a Registrar's dismissal order for delay.
The plaintiff had obtained default judgment after serving the statement of claim by substitute service to addresses where the defendant did not reside.
The defendant discovered the judgment years later when selling a property and paying off a writ of execution.
The court found the default judgment was irregularly obtained because the defendant never received the claim.
Alternatively, the court held it was in the interests of justice to set aside the judgment, as the defendant had an arguable defence of forgery.
The default judgment, noting in default, and dismissal order were set aside, and the plaintiff was ordered to pay the writ discharge funds into court.
