Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
For now please let me know date of Judgement and date of application to set aside?
Has he also provided a draft defence?
The date of judgement was Nov 4 and the application was made nov14
I don't know whether he submitted a defence. . I dont see that in the case overview online
The matter will be transferred to his local court and the application will be heard to set aside.
What he has to show is that he has some defence, not whether it is a good defence, but whether any real defence exists.
If the answer is yes it will be set aside and set down for trial.
The Builder appears to have acted promptly which is the second part of the test
But it will be set down for trial if his application succeeds.
Can I clarify anything for you about this today please?
What timelines can we expect for the hearing regarding the application to set aside?
The notice will be about a month before it gets to you and then the hearing a month after
Does that help?
and if a trial - then how long typically after the hearing?