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Default judgment set aside where defendant raises a triable set-off defence despite presumption of service by post.
Civil procedure – judgment in default of notice of intention to defend – presumption of service where writ posted to correct letterbox – set-off as defence and counterclaim – applicability of Judicature Act 1873 – master and servant: deductions and set-off permissible absent statute or contract prohibiting same – triable issue justifies setting aside default judgment.
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