The appellant father appealed the dismissal of his motion to set aside a final order granting the respondent mother sole custody and child support.
The final order was made in the appellant's absence immediately after his solicitor was removed from the record.
The Court of Appeal allowed the appeal, finding that the appellant was unaware of his solicitor's motion to be removed and the respondent's motion proceeded without personal service.
The Court held that the resulting procedural unfairness tainted the proceedings, warranting the setting aside of the default orders.
