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Application brought to set aside default judgment; counsel for the respondent conceded that the respondent would accept an amendment of the default judgment to give effect to the calculation of interest at a non-penalty rate, where it was alleged that the term of the loan facility the subject of the dispute dealing with default constituted a penalty; the trial division judge varied the default judgment by changing the amounts of principal and interest pursuant to r290 UCPR.
Appeal Determined (QCA)
[2007] QCA 313 [2008] 1 Qd R 344
28 Sep 2007
Appeal dismissed with costs; the primary judge correctly exercised his discretion to vary the default judgment rather than set it aside, and was open to do so pursuant to r290 UCPR in particular having regard to r5 UCPR; McMurdo P, Muir JA and Lyons J.
Appeal Status
Appeal Determined (QCA)
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