The Court dismissed a self-represented defendant's application to set aside a regularly entered default judgment in a mortgage action, finding that the defendant failed to establish any defence on the merits, provided no adequate explanation for failing to engage with the proceedings (instead lodging successive AFCA complaints), and delayed nearly 12 months before applying to set aside the judgment. The Court also cured an irregularity in service under O 2 r 1(2) RSC where the writ lacked the O 9 r 1(4)(e) indorsement regarding Form 4 but the affidavits of service deposed to service of the Form 4, and no prejudice was caused.
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