Set Aside Application

An application to the court to set aside (cancel) a judgement, usually a default judgement entered when the defendant did not respond to the claim. If set aside, the case returns to the pre-judgement stage and the defendant can file a defence.

In practice

A debtor can apply to set aside a default judgement either as of right (if procedural requirements were not met) or at the court's discretion (if there is a real prospect of successfully defending the claim). Any enforcement action taken under the judgement is usually suspended pending the set aside application. If set aside, any enforcement fees already paid may be recoverable from the creditor.