The defendant brought a motion to set aside a default judgment and noting in default obtained by the plaintiff in an action arising from a marketing agreement.
The defendant failed to defend the action because it had not updated its corporate profile address and did not receive the statement of claim.
The court found that although the motion was not brought promptly, the defendant had a plausible explanation for the default and established an arguable defence of set-off on the merits.
The motion was granted and the default judgment was set aside with no costs awarded.
