When can a default judgment be set aside?

When can a default judgment be set aside?

• A. For valid reasons such as service issues or a genuine defence.
• B. If the claimant consents to a re-hearing.
• C. If the defendant requests it after a long delay with no justification.
• D. If the court deems the case unsuited for trial.

Answer: (A)

Setting aside a default judgment is about preventing injustice when the defendant has not defended in time for a good reason. The court has discretion to do this if there is a real prospect of a defence and/or there were valid issues with how the claim was served or brought to the defendant’s attention. In practice, this means you can apply to set aside when you can show you had a legitimate reason for not defending (for example, problems with service that meant you didn’t receive proper notice) and you do have a real defence to the claim. This is why the first option is the best choice: it captures the two main grounds for setting aside—procedural issues like service problems and the existence of a genuine defence. The other options don’t fit the legal basis: the claimant’s consent to a re-hearing isn’t what authorises setting aside a default judgment; a long delay with no justification isn’t itself a ground to set aside unless there’s a compelling reason supported by a presentable defence; and whether the court thinks the case is unsuited for trial doesn’t automatically justify undoing a default judgment.

Setting aside a default judgment is about preventing injustice when the defendant has not defended in time for a good reason. The court has discretion to do this if there is a real prospect of a defence and/or there were valid issues with how the claim was served or brought to the defendant’s attention. In practice, this means you can apply to set aside when you can show you had a legitimate reason for not defending (for example, problems with service that meant you didn’t receive proper notice) and you do have a real defence to the claim.

This is why the first option is the best choice: it captures the two main grounds for setting aside—procedural issues like service problems and the existence of a genuine defence. The other options don’t fit the legal basis: the claimant’s consent to a re-hearing isn’t what authorises setting aside a default judgment; a long delay with no justification isn’t itself a ground to set aside unless there’s a compelling reason supported by a presentable defence; and whether the court thinks the case is unsuited for trial doesn’t automatically justify undoing a default judgment.