Somerset Ryckmans successfully acted for an appellant in the Court of Appeal of NSW. The appellant had sought to set aside judgment of Justice Campbell of the Supreme Court of NSW.
The case involved an application to set aside a default judgment entered against our client on 10 November 2022.
Our client’s proposed defence in the proceedings raised two defences, namely equitable unconscionable conduct and relief under the Contracts Review Act 1980 (NSW). Our client claimed that she was under the control and influence of her husband when she signed the relevant guarantee and did not want to sign it but did so because he told her to do so.
As to the delay in bringing the proceedings, our client’s explanation was that she did not recall receiving any statement of claim but that if she did, the most likely scenario would be that she would have passed the documents on to her husband as he had told her that he would take care of such matters.
Ultimately, the Court of Appeal ruled in our client’s favour whereby the judgment entered against our client on 10 November 2022 was set aside.
A link to the judgment is here.
Wakim v Senworth Capital Pty Ltd [2024] NSWCA 102
Wakim v Senworth Capital Pty Ltd [2024] NSWCA 102