The defendants moved to set aside a partial summary judgment granted against them based on promissory notes and a general security agreement.
They argued accident or mistake in failing to attend the original motion and raised defences of non est factum and equitable set-off.
The court found that while the failure to attend was due to mistake, the proposed defences lacked merit.
The defence of non est factum was not supported by evidence, and equitable set-off is not available for claims on bills of exchange.
The court concluded that the plaintiffs would suffer greater prejudice if the judgment were set aside, and therefore dismissed the motion.
