Defendant made an application to remove a default judgment

[Wonderme]

Hi,

I am just wondering - the defendant made this application after default was sealed against them. They sent their defence to the wrong email, but made the application in good time.

They have a hearing now set and have paid the hearing fee.

They are asking me persistently whether I oppose or not the application. I am aware there are costs implications if I oppose, and they win, though the hearing must go ahead anyway as it is in tandem with another application of theirs asking for summary judgment in their favour.

This comes after an initial hearing on both applications, which saw the judge bemoan how the defendant has only asked for a 45 minute hearing yet stated elsewhere 2 hours was necessary, and had not sorted the matter out before the actual hearing - leading to a forced adjournment - wasting everyones time. The Judge has ordered that costs of the applications will be awarded to whomever wins/loses at the next longer hearing.

I am confident their app for summary judgment will fail and I will be awarded my costs i.e. time spent attending on both hearings.

I might be shooting myself in the foot if I therefore oppose the first app to remove the default, and wonder if I should just tell them in answer to their questions that this one is not opposed. I expect they will be successful in this application anyway.

Any thoughts would be welcome. Really, just want to know whether there's anything I am not considering, and whether I can wait until the hearing to oppose the application or not.

Thanks.

[atticus]

Have you seen the application to set the judgement aside, and the supporting statement on behalf of the defendant?

[Wonderme]

Yes.

[jaguarsuk]

I would oppose the application for summary judgement (plus seek costs) and consent to the set aside application on caveat that for that application parties bear their own costs as it was not your fault they filed to the wrong email address.

Your argument is that you should not be penalised for their usage of the wrong email address and had they asked you for consent to set aside that judgement you'd have given it to allow them to pay the lesser fee. It is for them to bear their own costs of their mistakes.