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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70520
Experience:  Over 5 years in practice
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our builder did not respond in time to a claim we filed via

Resolved Question:

our builder did not respond in time to a claim we filed via mcol. the deadline expired and we were awarded automatic judgment.
he now applied to have this judgment set aside. how easy/difficult will it be for him to succeed?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are his grounds?
Customer: replied 2 years ago.

that he claims (not true) that my wife told him we would drop the claim. So he felt it wasnt necessary to respond anymore

Expert:  Jo C. replied 2 years ago.
Thanks.
That isn't particularly good news I'm afraid. The Court probably will set the judgment aside on this basis.
Courts generally do set aside judgment if there is a reason that it can accept and it takes the view that there is a defence.
It isn't a particularly good reason from a lawyer's point of view. Even if what he says is truthful and accurate it still wouldn't have done any harm to respond to the forms. However, from a lay person's outlook a view might be taken that there was no need to respond in those circumstances.
He will have to show that he has an arguable defence though.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

well - he is lying about what my wife said. the conversation never took place

How will the court look at 'he said' - she said?

Expert:  Jo C. replied 2 years ago.
For the purposes of setting aside judgment they probably accept it.
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