Can I apply to set aside default judgment?

set aside
to cancel, annul, or revoke a judgment or order
prejudice
harm or injury that results or may result from some action or judgement

Yes you can if you (as the defendant) believe that the default judgment shouldn’t have been entered against you because you failed to lodge the defence or you didn't appear in court.

How to apply

  1. Complete the following forms
  2. The affidavit must contain enough information to demonstrate:
    1. Why you did not defend the action within the 21 days time limit.
      2. Explain
      • why you did not defend within that time
      • any delay between the date the judgment was entered  and the date you applied to set aside the judgment.
      • You should also know what date the claim  was served on you and what date the judgment was entered, before you provide  this material
    2. That you have a good defence.
      • Set out in detail while being as brief as you can, enough facts or evidence to show that you have a good defence to the claim.
      • It won't be enough to say you believe you have a good defence to the claim, or to just to deny the matters set out in the claim.
      • You must explain what your defence is and why it would justify setting aside the judgment.
    3. That the Claimant will not be prejudiced.
      • This is usually self-evident.
      • Sometimes, particularly if there has been a long delay, the setting aside of the judgment may prejudice the Claimant irreversibly.
      • You may need to provide some material setting out why you believe the Claimant would not be prejudiced by the judgment being set aside.
  3. Get the affidavit sworn before a Justice of the Peace.
  4. File the application and affidavit at the Court Registry.
  5. Serve the application and affidavit on the Claimant, or if the Claimant is represented by a solicitor, on the solicitor.

If you don't file an affidavit with your application or there is not enough detail in the affidavit, the Magistrate may adjourn the matter and order you to pay the costs.

The defendant/applicant usually pays the costs on a successful application.