rescissiondefault judgmentnotice of set downservice irregularity
Tags
rescission of default judgmentlabour appealservice of notice
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Was the rescission application filed within the 30-day period prescribed by Rule 33?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant became aware on 5 June 2015, filed on 14 July 2015"}
{"issue_text":"Was applicant in wilful default?","issue_type":"mixed","dispositive":"no","related_facts":"Notice served on wrong law firm"}
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background
Facts of the Case
Background
Applicant filed an appeal against an arbitral award in 2011. The appeal was set down for hearing in February 2014 but applicant failed to appear, resulting in a default judgment. Applicant only became aware of the default when the Sheriff attached its property in June 2015 and filed this rescission application in July 2015.
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