Application to set aside default judgment in workplace injury claim refused due to lack of special circumstances

The High Court refused an application by an employer to set aside a default judgment entered in favour of an employee who claimed to have suffered an accident at work. The defendant argued that an error by its solicitor led to the failure to enter an appearance, but the court held that, under the current rules, the defendant was required to show 'special circumstances' justifying the default, in addition to demonstrating a good defence and that the interests of justice favoured granting relief. As the defendant's evidence amounted to little more than an unexplained oversight and did not meet the required threshold, the application was refused. The judgment underscores a stricter approach to procedural compliance, making clear that simple solicitor error or inadvertence will not normally suffice as a basis to set aside a regularly obtained default judgment.