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Judgment in default of appearance upheld where defendant had been adequately served
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High Court refuses to set aside an order for summary judgment obtained in default of appearance, and deems service good, on the grounds that the defendant had been adequately served, and has been adequately informed of the matters contained in the summons so as to suffer no prejudice.
Judgment in default of appearance - summary summons issued July 10 2017 – plaintiff sought balance of loan agreement dated September 5 2006 – defendant defaulted on repayments – loan secured by property in Orlando, Florida – judgement obtained in Florida in 2014 –judgement in default of appearance in this jurisdiction obtained January 8 2018 – enforcement proceedings issued – defendant issued a notice of motion to set aside judgement – claimed he was never duly served summons – clear from correspondence he obtained a copy of the summons – defendant claims he was never shown the original summons – server claims he was – irrelevant, as the purpose of service had been fulfilled – adequately informed of the matters contained in the summons – no prejudice suffered – matter not a cross-EU case so Brussels 1 of no relevance.
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