A DEFAULT JUDGMENT

Evening Post, Volume CVIII, Issue 28, 1 August 1924, Page 8

A DEFAULT JUDGMENT

SET ASIDE BY COURT. The Chief Justice (Sir Robert Stout), gave a reserved judgment to-day in an application to set aside a judgment obtained by default. The parties were tiie Ngaio Timber and Joinery Co Ltd . arid Irene Rita Francis, and the application was by defendant. The judgment was obtained under the authority of the Wages Protection and Contractors' Liens Act, 1908 His Honour stated: "Before a judgment obtained by default can be set aside there" must be an affidavit statin" the facts , which constitute a substantial g£T d of defence- I" this case two affidavits have been filed, one by defendant, and one by her husband, which, if the facts stated therein are true would be a substantial ground of dotence. The ground of the defence relied upon is that the application for the enforcement of the lien came too late According to the Act the lien must be established within 30 days after the completion of the work' in respect of which it is claimed. According to the affidavit the lien was not established withm 30 days.. It is true that there is an affidavit filed by the manager of the plaintiff company that the lien was in time. That, however, becomes a contest which it does not seem to me should be settled ou such an 'application as %iS", Th<? defenda"t> I think, is entitled to have leave to prove her defence ,n the usual way." The application was granted.