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Motion to set aside default judgment granted for individual defendant but dismissed for corporate defendant.
The defendants brought a motion to set aside a default judgment.
The court dismissed the motion regarding the corporate defendant, finding no plausible excuse for the default and no arguable defence to the unpaid invoices.
However, the court granted the motion regarding the individual defendant, finding an arguable defence as to whether he provided an enforceable personal guarantee under the Statute of Frauds.
