Application to set aside judgment — judgment by default — District Courts Rules 2009, rr 12.28, 12.34. The applicant sought the setting aside of a default judgment, which was made after the applicant declined to defend the initial claims brought. The application was determined according to the 2009 rules, under which the judgment by default had been made. The Judge opined that the Court had an obligation under common law to set aside a judgment irregularly obtained, and discretion to set aside a judgment regularly obtained. The Judge determined that as the amount claimed was not a liquidated demand, default judgment should not have been entered and the matter should have proceeded to formal proof. As a result, the default judgment was irregularly obtained and it was clear that ex debito justitiae the defendants were entitled to have the judgment set aside. The Judge declined to award costs in favour of the defendants, largely as a result of their conduct. Judgment Date: 7 March 2017