An applicant seeking to set aside a judgment obtained after an undefended hearing bears an onus of showing an arguable case on the merits; an affidavit verifying a defence that is not read into evidence cannot function as evidence supporting a defence on the merits. Financial hardship to the plaintiff is relevant to the exercise of discretion to set aside the judgment, at least to the extent of requiring greater clarity in the demonstration of a defence on the merits, and is also relevant to the conditions imposed on setting aside. The House v The King principles apply with special stringency to appeals from discretionary judgments in matters of practice and procedure.
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