Got it set a side or made application to set a side?....has there been a hearing ? Have you received a copy of their application N244 and evidence ?

Andy

There was a hearing last week Andy.

Defendant claimed he'd been in hospital for most of the seven weeks he had to file his DQ.

We had social media posts that proved otherwise

but the judge didnt look at them and set it aside anyway.

Defendant had said on N244 that he had proof that he'd been in hospital but didn't bring anything to court.

He said the judge could 'ring the hospital' if he wanted

but the judge said that wasn't necessary as he believed him!

My jaw nearly hit the floor a couple of times.

a judge will always work on the premise that everyone tells the truth so will beleive this story for the purposes of the court process.

You now have a rematch and if your claim is good then the defendant will have 2 sets of costs to pay.

People who are used to being sued know all of this and will work the system.

used car salesmen are top of that list.

Thanks for your reply ericsbrother but judges are meant to deal with fact first of all

The burden of proof was on the defendant.

He said he had proof.

He didn't produce it.

We produced proof that showed he was being less than truthful.

It should have been a very straight forward decision in our favour.

Apologies plodderton, only just noticed your post.

He already filed his defence back in April I believe.

He didnt fill in the DQs in time so daughter got default judgement.

He didn't apply to have it set aside until over two months after the judgement.

Because of the judge's behaviour at the set aside hearing though, I really think daughter needs proper advice now either on how to reverse the set aside or how to proceed with the full hearing.

" He didnt fill in the DQs in time so daughter got default judgement."

You cant get a default judgment if the defendant submitted a acknowledgement of service and defence...which they must have to get to DQ stage.

The court will have imposed sanctions on the defendant and struck out their defence for none compliance.

Andy

Thanks for clarifying Andy, I'm not too hot on the terminology. Should that have made any difference at the SJA hearing? Am I right in thinking the judge should have asked to see proof from the defendant which he specifically mentioned he had on the form? We are both worried about the fairness of the full hearing if the same judge hears it. I was with daughter as a Mackenzie friend and although I have appeared in court in this capacity before, this time I felt out of my depth when we (and the facts!) were ignored.