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Whether an applicant's affidavit discloses factual grounds for a defence on the merits is decisive in setting aside a default judgment.
Civil procedure – Setting aside default judgment – Primary consideration is whether affidavit discloses a defence on the merits by raising facts from which a triable issue can be inferred; mere allegations (fraud, denial, payment, illegality) without factual particularity are insufficient; instalment orders do not necessarily amount to approbation; court may permit supplementary affidavit.
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