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Yates Associates Construction Co Ltd -v- Brian Quammie BVIHCAP2014/0005 (May 2015)

May 2015 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL – WHETHER LEARNED MASTER ERRED IN REFUSING TO SET ASIDE DEFAULT JUDGMENT – WHETHER LEARNED MASTER ERRED IN THE EXERCISE OF DISCRETION

In this appeal Yates Associates Construction Co Ltd (the “Appellant”), sought to appeal the decision of the Learned Master to refuse to set aside the default Judgment entered against it.

In the Court below, the Appellant relied on inadvertence as the reason for its failure to file its defence in time. In dismissing the Appeal the Court of Appeal held, inter alia, that a court may set aside a default judgment entered under Part 12 of the Civil Procedure Rules, 2000 only if certain requirements were met, one such requirement was the need to provide the Court with a good explanation for the failure to file an acknowledgment of service or a defence.

 

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