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Last Flight of the Eagle: New Principles Governing the Setting Aside of Judgments in Default

Jeffrey Pinsler SC

(2009) 21 SAcLJ 161

Abstract:
In one of the most important judgments on civil procedure in recent years, the Court of Appeal in Mercurine Pte Ltd v Canberra Development Pte Ltd substantially revised the approach of the court towards applications to set aside regular and irregular judgments in default of appearance. This article examines these developments and considers their likely impact on civil litigation.