Where a plaintiff's dilatoriness necessitates an application for leave to proceed under r 389 UCPR, and the defendant has an arguable defence on the merits, the default judgment should ordinarily be set aside. The three considerations for setting aside a default judgment (explanation for failure to appear, delay in applying, and prima facie defence) are not cumulative conditions precedent but factors in a broad discretion, with the existence of a prima facie defence being the most cogent factor. Applications for leave to proceed and to set aside default judgments should ideally be heard together.
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