The defendants brought a motion to set aside a default judgment exceeding $280,000 obtained for unpaid deliveries of worms supplied to a bait wholesaler.
The court considered the established factors for setting aside default judgment: promptness of the motion, explanation for the default, and the existence of a triable defence.
Although the motion was brought relatively shortly after the defendants learned of the judgment, the defendants failed to provide a satisfactory explanation for failing to defend the action and produced no documentary evidence supporting alleged set‑offs or adjustments to the debt.
The court found the alleged defence consisted of unsupported assertions lacking an air of reality.
Considering the integrity of the administration of justice, the court refused to exercise its discretion to set aside the default judgment.
