On an application to set aside summary judgment under r 302 UCPR, a reasonable explanation for non-attendance is not a prerequisite but merely a relevant consideration whose importance diminishes as the strength of the applicant's case increases. Whether a prima facie defence on the merits has been shown is generally the more cogent consideration. A judge who misstates the legal test to an unrepresented party, failing to alert them to the need to demonstrate an arguable defence, may deny procedural fairness even where the party had ample time to prepare.
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