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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hearing with my builder next week - if I want to file

Customer Question

For the hearing with my builder next week - if I want to file a witness statement in support of my position, do I need to do that ahead of time?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

for now please let me know if this is a small claim?

Customer :

61k -

Customer :

61000

Customer :

it is an application to set aside the default judgment that we were awarded due to him not responding in time

Alex Watts :

Ok. Why do you want a witness for?

Customer :

a statement of my wife denying some of the claims he is making

Customer :

he basically claims that we told him we would drop the claim -

Customer :

this conversation never happened

Alex Watts : Ok. You need to file a statement at least 3 days beforehand.
Alex Watts : You must also do this if you are opposing it.
Alex Watts : But to set aside a judgment in default the builder must show some defence. Even if the defence is weak then it will be at aside.
Alex Watts : The court just needs to be satisfied there is some defence that may have some merit
Alex Watts : Bur you need to serve 3 days beforehand
Alex Watts : Can I clarify anything for you about this today please?
Customer :

do we attack the basis on which he asks for the setting aside - or get into the substance of the actual case?

Alex Watts : Pen at grounds, in brief is he using for both ?
Customer :

what do u mean?

Alex Watts : Briefly what ground is he using?
Customer :

he says that my wife would have told him we would drop the claim

Customer :

and that he didnt respond because of this reason

Alex Watts : Ok. Then you must file a statement and she must attend
Alex Watts : it's unlikely a judge will set aside on this basis.
Alex Watts : Does that heko?
Alex Watts : help?
Customer :

ok - thx

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

i was told that the treshold for setting aside judgment is very low

is that not the case?

Expert:  Ash replied 2 years ago.
He has to show he has some defence.
Alex