Statewide Secured Investments v Hawkins [2011] NSWSC 144

The lender obtained default judgement and sold the security property. There was a shortfall so the lender pursued the borrowers. The wife, 15 months after judgement was entered, sought to set it aside. She did not tender a draft defence. The only issue raised was that her husband had handled her financial and legal affairs. The Judge determined that this was not a valid defence and refused to set aside judgement noting:

The absence of a party at the time a judgment is entered is not, of itself, a sufficient basis for asserting that the judgment was entered irregularly, nor is it, of itself, a sufficient basis to set aside that judgment.

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