Appeal of refusal to set aside judgment fails to raise a defence that has a reasonable prospect of success

Whelan J (nem diss): Appeal of a decision of the High Court refusing the appellant’s application for an order pursuant to to set aside judgment in the sum of €98,252 marked by the respondent in the Central Office of the High Court - Order 13, rule 11 of the Rules of the Superior Courts - the respondent provided steel fabrication materials to the first defendant who was the son of the appellant - appellant provided a guarantee for his son's indebtedness - summary proceedings were instituted by the respondent on 22 March 2016 - service was effected on the appellant on 14 April 2016 and no appearance was entered - judgment in default of appearance in the sum of €98,252 was marked in the Central Office - the appellant issued a notice of motion as a litigant in person seeking to set aside the judgment on 24 January 2018 - whether the appellant had raised any arguable grounds of defence to the guarantee with a real or reasonable prospect of success - whether the “interests of justice” favour the setting aside of the judgment - whether there are any “special circumstances” which explain the failure to enter an appearance or otherwise justify setting aside the judgment - whether the provisions of s. 64 of the Land and Conveyancing Law Reform Act 2009 apply to the guarantee - whether the letter of 6 November 2007 can attract “without prejudice” privilege - appeal dismissed.