The appellant appealed from a Master's order dismissing a motion to set aside a default judgment.
The Master found the appellant moved in a reasonable time and had a potential defence, but lacked a plausible explanation for the default and that it was equitable to let the judgment stand.
The Divisional Court held that reasonable notice was required before default judgment was signed, given the overall settlement was a fresh step.
The appeal was allowed and the default judgment set aside, conditional on the appellant paying $3,000 in costs thrown away and paying $15,000 into court.
