Judgment in default of appearance set aside as it was irregularly obtained

Whelan J (nem diss): Appeal of a decision of the High Court refusing to exercise its discretion and set aside a judgment obtained in the Central Office against the appellant in default of appearance - the respondent’s predecessor advanced sums in the total amount of €1,468,545 pursuant to six loan facility letters to the appellant - repayments due on foot of the loans fell into arrears - a summary summons seeking the amount then outstanding in the sum of €1,373,676.11 was issued on 26 March 2013 - the summons was served on the appellant on the 3rd April 2013 - receipt was acknowledged by the appellant by email on 10 April 2013 - the appellant asked that no further steps be taken until he had time to meet a solicitor that week - judgment was entered against the appellant in the central office on 10 June 2013 - the appellant was not informed that judgment was entered against him until 2017 - at the same time, significant negotiation had gone on between the appellant and respondent in relation to the debts and a settlement agreement was negotiated in relation to two of the facilities whilst the appellant was unaware that judgment had been entered against him - whether the speed at which the respondent progressed to judgment was unfair to the appellant - whether the trial judge erred in failing to consider, or fully consider, the medical evidence of the appellant and its effect on the fairness of the proceedings as well as the reason for why the appellant failed to enter an appearance - Order 27, rule 14(2) of the Rules of the Superior Courts - whether special circumstances existed which explain and justified the failure to enter an appearance - whether the judgment was obtained irregularly - appeal allowed - judgment set aside.