rescission of judgmentdefault judgmentnotice of set down
legislation
Statutes Cited
No statutory provisions were cited or interpreted.
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicants were in default when the judgment was entered on 28 October 2015","issue_type":"procedural","dispositive":"yes","related_facts":"Claim that applicants were not served with notice of set down"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment entered on 28 October 2015 which dismissed their application for leave to appeal to the Supreme Court. They claimed they were not served with the notice of set down and were not in default. The court found no return of service for the applicants and granted the rescission application.
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