The defendants brought a motion to set aside a noting in default and a default judgment obtained by the plaintiff bank in relation to a corporate loan and personal guarantee.
The court applied the test from Mountain View Farms and found that the defendants did not act promptly, having delayed 17 months and made numerous procedural errors.
Furthermore, the defendants failed to establish an arguable defence on the merits, as their arguments regarding interest rates, overdrafts, and guarantees were unsupported by the record.
The motion to set aside the default judgment was dismissed.
