The defendants brought a motion to set aside default judgments and noting in default.
The court found the default judgments were irregularly obtained because the plaintiff's claim for damages was unliquidated, requiring additional evidence beyond the statement of claim to fix the amount owing.
Consequently, the default judgments were set aside as of right.
However, the court exercised its discretion to decline setting aside the noting in default, citing the defendants' significant responsibility for delay and their "wait and see" approach to the litigation.
The plaintiff was directed to bring a motion for default judgment before a judge.
