Description
In order to succeed in his application to set aside the judgment three preconditions had to be satisfied, namely that the applicant had not attended the trial for good reason, he had an arguable case on the merits and had applied to set aside the judgment promptly. If each of those three hurdles was surmounted, the judgment would be set aside, save in a very exceptional case. The court no longer had a broad discretion whether to grant such an application. As the applicant had failed to satisfy two of the three conditions his application to set aside the judgment could not succeed.
