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Rescission of Judgment

When can you have a judgment set aside?

Rescissions

If a defendant in a court action does not respond to a summons within the specified time limit, the plaintiff will generally be entitled to obtain judgment in its favour by default.

You would only be entitled to apply for the rescission of a Judgment that was granted against you if the other side consents thereto in writing or, that failing, if you can show that at the time that the judgment was entered, you were not in willful default and that you had a valid and bona fide defence to the action instituted against you.

You get consent

If you get such consent it is a relatively simple matter to have the judgment set aside.

You don't get consent

You can successfully apply to court for a rescission of the judgment only if you can show that at the time that the Judgment was entered, you were not in willful default and that you had a valid and bona fide defence to the action instituted against you.

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