The third party brought a motion to set aside a noting in default.
The third party had previously obtained a waiver or extension of time to deliver a defence from the defendant's former counsel.
The defendant's new counsel noted the third party in default without providing any notice or requesting the defence.
The court found this constituted sharp practice and a breach of professional obligations.
The motion was granted, the noting in default was set aside, and the defendant was ordered to pay substantial indemnity costs of $9,600.
