O'Brien v Goldsmith and another

Judgment – Default judgment. The claimant brought a claim in restitution, contending that joint venture and partnership agreements had been entered into in respect of a development project, but that, having made his contribution to the project, he had not received any financial return from it. He sought various declarations from the court. Judgment in default was entered against the first defendant, who was party to the joint venture. The Chancery Division, allowing the first defendant's appeal, held that, taking account of his new grounds of appeal and amended draft defence, the court's discretion would be exercised afresh in the first defendant's favour because there was a real prospect of successfully defending the claim.

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