Mohun-Smith v TBO Investments Ltd

Practice – Pre-trial or post-judgment relief. There was an application before the court on behalf of the defendant pursuant to CPR 39.3(5) seeking an order setting aside the judgment and order made on 30 June, striking out the defendant's defence and giving judgment for the claimant. The Queen's Bench Division, applying established principles dismissed the application on the basis that the defendant had failed to demonstrate the first two of the three conditions which it needed to overcome in order to persuade the court to exercise its discretion under CPR 39.3(5).

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