In January, the Federal Court granted default judgment to the Plaintiffs in an action for, inter alia, trade-mark infringement and passing off. The Defendants brought the within motion to set aside that Order and introduce a draft Statement of Defence. The Court dismissed the motion.
The Court discussed the history of the legal proceedings and then held that the Defendants had not met the test to set aside an ex parte Order. The Court considered the evidence submitted to support the Defendants' explanation for not filing a Statement of Defence and held that the evidence did not support the explanation. Furthermore, the Court held that the Defendants had not established they have a prima facia defence on the merits. Thus, the motion to set aside the default judgment was dismissed.