Judgment set aside where debtor was suffering from mental illness at time of service

Motion to set aside judgment of Commercial Court obtained in 2013 - defendant entered appearance but did not attend motion for judgment - defendant was served with notice of application - defendant says he was suffering from psychological and mental illness at time of service - defendant also says he did not have time to get legal representation at time due to rapidity of proceedings - application to set aside heard by McGovern J and refused - refusal appealed to Court of Appeal - at Court of Appeal hearing, Counsel for Bank indicated that order of High Court was, in error, made under O 13 - O 13 relates to setting aside judgment obtained against persons who do not enter appearance - O 36 r 33 was also mentioned in High Court, however it relates to plenary proceedings only - O 37, which concerns summary proceedings, does not mention applications to set aside - Court however has inherent jurisdiction to set aside - Court will only re-open matter in very exceptional circumstances - Court can only do so where there would be some breach of constitutional rights - very heavy onus on applicant - Court finds that defendant had no actual knowledge that the hearing was taking place - Court finds that it would be unjust to allow judgment to stand - Court sets aside judgment - Court orders that matter should be re-heard in short time frame.