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High Court rules in favour of the defendants, setting aside a default judgment that had been obtained irregularly, on the grounds that it was unreasonable for the plaintiff to have resisted the motion to set aside, particularly given the clear initial indication of irregularities; and consequently, the defendants are awarded costs for the motion, including legal submissions and the costs hearing, with the quantum to be adjudicated if not agreed upon.
Default judgment - set aside - legal costs - Legal Services Regulation Act 2015 - Rules of the Superior Courts (RSC) - Order 99 - High Court - irregularity - conduct of proceedings - reasonable contest - interlocutory application - costs follow the event - special circumstances - Chief Legal Costs Adjudicator - stay of execution.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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