The Defendants moved to set aside a default judgment from 2001, reinstated in 2008, while the Plaintiff applied to enforce it.
The court reviewed the history of the litigation, noting the Defendants' past fraudulent conduct, including falsifying travel documents and using a convicted fraudster as a process server.
Applying the five-element test for setting aside a judgment, the court found the Defendants failed to demonstrate a plausible excuse for their default or an arguable defence, as their Statement of Defence contained only bald denials.
The Defendants' motion was dismissed, and the Plaintiff's application to enforce the judgment, including the sale of property, was granted.
Costs were awarded to the Plaintiff on a partial indemnity basis, totaling $16,700 for the current motions, plus $11,000 in outstanding costs from previous motions, with a prohibition on further steps without payment.
