The defendant airline moved to set aside a noting in default in a negligence action arising from an international flight incident.
The plaintiff alleged that airline staff served him alcohol despite the application of strict Sharia law, leading to his detention and mistreatment by authorities abroad.
The court considered the parties’ litigation conduct, including delays and confusion surrounding proposed motions challenging jurisdiction and seeking summary judgment.
Applying Rule 19.03(1) of the Rules of Civil Procedure, the court held that the defendant had demonstrated an intention to address the claim and moved relatively promptly once default was entered.
As no prejudice to the plaintiff was established, the court exercised its discretion to set aside the noting in default, ordering each party to bear its own costs.
