The plaintiff obtained default judgment against the defendant on a claim for a personal guarantee of a corporate loan.
The defendant moved to set aside the default judgment, arguing he was only a minority shareholder and had received assurances he would not be personally liable.
The court dismissed the motion, finding the defendant failed to adequately explain his delay in defending the action and moving to set aside the judgment.
Furthermore, the court held the proposed defence lacked an air of reality given the clear, unconditional terms of the signed guarantee.
