Where leave to appeal from a refusal to set aside default judgments is refused, the unsuccessful party is not precluded from making a further application to set aside the judgments in the court below if they can formulate a proper defence with supporting evidence and explain the delay. A defence based on forbearance or promissory estoppel requires clear evidence of detrimental reliance; vague and uncertain evidence of oral arrangements will not suffice. Even if an oral forbearance arrangement is established, it does not excuse non-payment after the borrower knows the arrangement has ended.
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